Gun Recovery and Evidence - The court found that the recovery of the gun was proved beyond reasonable doubt, with police producing evidence such as ropes, a gun, and a lighter. However, there were lapses in investigation, including unreliable informant testimony and significant investigation gaps. Some cases involved the recovery of weapons and subsequent disposal of pending applications, but concerns about investigation fairness persisted. State of Himachal Pradesh VS Surjan Singh - Himachal Pradesh, Chandrapal VS State of U. P. - Allahabad
Investigation Fairness and Credibility - Multiple sources indicate that police conducted thorough investigations, promptly registered cases, and submitted charge sheets. Courts generally upheld the fairness of investigations, though some cases noted lapses or questioned witness reliability. For instance, in one case, the investigation was deemed fair and reliable, while others highlighted lapses in evidence collection or witness credibility. BALBIR SINGH VS STATE OF UTTAR PRADESH - Allahabad, Chandrapal VS State of U. P. - Allahabad
Pending Cases and Supurdagi Applications - Several instances involve vehicles or weapons being handed over or recovered under superseding applications (supurdagi), with some cases showing that releases or arrests occurred after investigations or judgments. In one case, vehicles were released based on illegal or arbitrary seizures, leading petitioners to seek release of their vehicles. State Of M.P. vs Ahmed Said - Allahabad
Investigation Procedures and Further Investigations - Some cases involved permission for further investigation, with officers conducting additional inquiries under legal provisions like Section 173(8) Cr.P.C., indicating ongoing efforts to establish facts or clarify evidence. These steps demonstrate procedural adherence but also highlight the complexity of cases involving weapons and criminal activities. Rajeev Shukla VS Raghuvir Singh - Allahabad, State of Rajasthan VS Shahabudeen - Rajasthan
Analysis and Conclusion
The overall evidence suggests that while guns were recovered and investigations conducted, issues such as unreliable testimonies, procedural lapses, and questionable fairness in some cases raise concerns about the propriety of gun releases under superseding applications pending investigation. Courts generally uphold investigation integrity when evidence is solid, but the presence of lapses warrants cautious scrutiny before granting release in such cases.
(Paras 43(a), 43(b)) ... ... (C) Evidence and Investigation - The prosecution failed to recover any weapons or ... 35) ... ... Findings of Court: ... The court found the informant's testimony unreliable and noted significant lapses in the investigation ... Issues: The main issues included the credibility of the informant, the reliability of witness testimonies, and the adequacy of the investigation ... Learned counsel has placed reliance upon the affidavit of the informant to submit that as many as 32 cases were pending#HL_....
Bail Application No. 3327 of 2001, Sohan Puri & Ors. v. State . ... Is Ex.D-8, and on this report investigation was conducted, and challan has been filed against these persons, which is pending trial but around 11 hours thereafter, the present report Ex.P-1 has been lodged, giving a wholly false version. ... At the time of incident Vaktu Puri also came, and it was with great difficulty, that they could secure their release. ... On this report a case under Section 147, 148, 323, 302/149 IPC was registered, and i....
Police came there and arrested him along with his brother and subsequently he was released and his brother was taken to the police station. Thereafter application was given to the District Magistrate. The Magistrate gave the said application of his reader. He proved the said application as Ext. ... The investigation, of this case, was handed over to S.I. Ravindra Singh Bhadauria, who submitted charge sheet against accused Sovran. During the pendency of the investigation, S.I. Ravindra ....
The court also held that the recovery of the gun was proved beyond reasonable doubt. ... The court also held that the recovery of the gun was proved beyond reasonable doubt. 2. ... The accused persons produced two ropes, a gun, and a lighter, which were taken into possession by the police. ... All pending miscellaneous applications if any also stands disposed of. ... In view of the fact that convict had used 12 bore gun for commission of criminal offence under Section 325 IPC we are o....
The court held that the investigation was fair. ... Whether the investigation was fair. 3. Whether the witnesses were reliable. Ratio Decidendi: 1. ... The court noted that the police had promptly registered the case and had conducted a thorough investigation. ... There is no other basis for criticising the investigation in this case which, to say the least, appears to be fair and it has apparently to be relied upon. ... During the trial, an application was moved on behalf of the prosecution that those ....
The petitioners filed writ petitions seeking the release of their vehicles, contending that the seizure was illegal and arbitrary ... The motor cycle of Fida Mohd. was handed over in supurdagi ... and started been arrested after the judgment was passed in the present trial and Ahmed Sayeed, Anish Khan, Shakeel, Yusuf (was absconding but now he has been arrested and his separate trial is pending ... The application of ‘the rarest of the rare case’ principle is p style="position:absolute;white-space:pre;margin:0;p....
He recovered the same and thereafter gave it in the Supurdagi of Ram Kumar vide memo Ext. Ka-19. He then tried to search out the accused persons but they were not available. This investigation was continued by another S.I. Sri Laxmi Narain ( PW-8) of Police Outpost Sisolar. ... It is duty of Court to separate grain from chaff because maxim "falsus in uno is falsus in omnibus" has no application in India. ... After completing the investigation, the Investigating Officer, Sri Laxmi Narain PW-8 submitted charge-sheet, Ext. ....
investigation, a charge sheet was submitted against Latoori Singh, Sadhu Singh and some other accused. ... till then he could not write application until it became 12:58 hours. ... Further stated that in 1980 at the time of election his brother had given an application to Judge Chatrapal Pal Singh who was an observer in election, which application is Exhibit Ka 2. ... In that application it was also mentioned that the accused was a notorious criminal having links with Chavi Ram Gang. ... He could not te....
Chaudhary, Special Judge, Anti-Dacoity, Hamirpur had granted permission for further investigation on application dated 22.7.1998 and on the basis of that permission, further investigation was started. ... In place of earlier investigation, when he (PW-14) was appointed, he started his further investigation under Section 173(8) Cr.P.C. and after having received this investigation, he gave written information about this to the court through an application dated 11.8.198....
Shri Kailashchand was directed to conduct the initial investigation in the matter. A country-made gun with ammunition, a bucket containing acid like substance and two water-cannons were seen lying at the place of incident. Footwear of the deceased were scattered here and there. ... The Investigation of the case was handed over to him on that day. He received the file from Kailashchandra, CI. ... The witness associated in the various steps of investigation with Binjraj Singh and attested numerous documents. ... In other w....
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