Showing posts with label 1973 Supreme Court Gauhati High Court GCtR. Show all posts
Showing posts with label 1973 Supreme Court Gauhati High Court GCtR. Show all posts

Thursday, January 13, 2022

"Law does not Permit a Roving or Fishing inquiry" : Supreme Court

Hon'ble Supreme Court's judgments are available full text free of cost at official website of Hon'ble Supreme Court.

In State of Orissa Vs. Debendra Nath Padhi [29 Nov 2004], it was stated that "jurisdiction under S.91 of the Code of Criminal Procedure, 1973 when invoked by accused the necessity and desirability would have to be seen by the Court in the context of the purpose investigation, inquiry, trial or other proceedings under Code of Criminal Procedure, 1973. It would also have to be borne in mind that law does not permit a roving or fishing inquiry." 

A certain portion of State of Orissa v Debendra Nath Padhi was referred at page no. 5 of Surendra Bhalotia v State of Assam [2019] GCtR 1170 (Gauhati) where a petition under S.482 of Code was filed and several "economic offences" were alleged and the manner of affidavit filed by accused was noticed.


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Vishal

Guwahati, Assam 

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