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    The Supreme Court of India heard a criminal miscellaneous petition seeking modification of its previous order from November 2013 regarding preliminary inquiries in criminal cases. The Court modified clause (vii) of paragraph 111 of its previous judgment to state that preliminary inquiries should generally not exceed 15 days but can be extended to a maximum of 6 weeks in exceptional cases, with reasons provided. The criminal miscellaneous petition was then disposed of accordingly.

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    In The Supreme Court of India

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    The Supreme Court of India heard a criminal miscellaneous petition seeking modification of its previous order from November 2013 regarding preliminary inquiries in criminal cases. The Court modified clause (vii) of paragraph 111 of its previous judgment to state that preliminary inquiries should generally not exceed 15 days but can be extended to a maximum of 6 weeks in exceptional cases, with reasons provided. The criminal miscellaneous petition was then disposed of accordingly.

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    The Supreme Court of India heard a criminal miscellaneous petition seeking modification of its previous order from November 2013 regarding preliminary inquiries in criminal cases. The Court modified clause (vii) of paragraph 111 of its previous judgment to state that preliminary inquiries should generally not exceed 15 days but can be extended to a maximum of 6 weeks in exceptional cases, with reasons provided. The criminal miscellaneous petition was then disposed of accordingly.

    Copyright:

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    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    40K views10 pages

    In The Supreme Court of India

    Uploaded by

    Live Law
    The Supreme Court of India heard a criminal miscellaneous petition seeking modification of its previous order from November 2013 regarding preliminary inquiries in criminal cases. The Court modified clause (vii) of paragraph 111 of its previous judgment to state that preliminary inquiries should generally not exceed 15 days but can be extended to a maximum of 6 weeks in exceptional cases, with reasons provided. The criminal miscellaneous petition was then disposed of accordingly.

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    of 10

    IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION

    CRL.M.P. NO.5029 OF 2014 IN WRIT PETITION (CRL.) NO.68 OF 2008

    Lalita Kumari

    .... Petitioner(s)

    Versus

    Govt. of U.P. & Others

    .... Respondent(s)

    ORDER

    Heard Mr. Sidharth Luthra, learned Additional Solicitor General.

    After hearing him and in the light of the grievance expressed in the present criminal miscellaneous petition filed in the writ petition, we modify clause (vii) of paragraph 111 of our judgment dated 12th November, 2013, in the following manner: "(vii) While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time bound and in any case it should not exceed fifteen days generally and in exceptional cases, by giving adequate reasons, six weeks time is provided. The fact of such delay and the causes of it must be reflected in the General Diary entry."

    To this extent, clause (vii) of paragraph 111 of the judgment is modified. Criminal miscellaneous petition is, accordingly, disposed of.

    .........................CJI.

    (P. SATHASIVAM)

    ...........................J.

    (DR. B.S. CHAUHAN)

    ...........................J.

    (RANJANA PRAKASH DESAI)

    ...........................J.

    (RANJAN GOGOI)

    ...........................J. (S.A. BOBDE)

    New Delhi; March 05, 2014 ITEM NO.301 COURT NO.1 SECTION X

    SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

    CRL.M.P. NO.5029 OF 2014 IN WRIT PETITION (CRL.) NO.68 OF 2008

    LALITA KUMARI

    Petitioner(s)

    VERSUS

    GOVT.OF U.P.& ORS.

    Respondent(s)

    (With appln(s) for modification of Court's Order dated 12.11.2013 and office report)

    Date: 05/03/2014 This Matter was called on for hearing today.

    CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE DR. JUSTICE B.S. CHAUHAN HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAI HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE S.A. BOBDE

    For Petitioner(s)

    Mr. B.K. Shah, Adv.

    Mrs. Mona K. Rajvanshi, AOR

    For Respondent(s)/ Applicant/For NCT of Delhi

    Mr. Sidharth Luthra, ASG Ms. Supriya Juneja, Adv.

    Mr. Anandna Handa, Adv. Mr. G.S. Bedi, Adv. Mr. D.S. Mahra, AOR Mr. Satya Siddiqui, Adv. Mr. S.K. Mishra, Adv.

    For CBI

    Mr. Mohan Parasaran, S.G. (N/P) Dr. Ashok Dhamija, Adv. Mr. T.A. Khan, Adv. Mr. P.K. Dey, Adv. Mr. B.V. Balram Das, Adv.

    For U.P.

    Mr. Ratnakar K. Dash, Sr. Adv. Mr. Abhisth Kumar, Adv. Mr. Raman Yadav, Adv. Ms. Archana Singh, Adv.

    Ms. Sharmila Upadhyay, AOR

    Mr. Debasis Misra, AOR

    For Haryana

    Mr. Manjit Singh, AAG Ms. Nupur Chaudhary, Adv. Mr. Tarjit Singh, Adv. Mr. Kamal Mohan Gupta, Adv.

    For Punjab

    Mr. V. Madhukar, AAG Ms. Anvita Cowshism, Adv. Mr. Kuldip Singh, AOR

    For Gujarat

    Ms. Hemantika Wahi, AOR Ms. Preeti Bhardwaj, Adv. Ms. Puja Singh, Adv.

    For Arunachal Pradesh

    Mr. Anil Shrivastav, AOR

    Mr. Rituraj Biswas, Adv.

    For A.P.

    Mr. D. Mahesh Babu, Adv. Ms. Suchitra Hrangkhawl, Adv. Mr. Amjit Maqbool, Adv. Mr. Amit K. Nain, Adv. Mr. B. Ramakrishna Rao, Adv. Mr. Aditya Jain, Adv. Ms. Sunita Chaudhary, Adv.

    Mr. Kamlendra Mishra, AOR

    Mr. Khwairakpam Nobin Singh, AOR

    Ms. Kamini Jaiswal, AOR

    Mr. Ravindra Keshavrao Adsure, AOR

    Mr. Jatinder Kumar Bhatia, AOR Mr. Mukesh Verma, Adv.

    Mr. Naresh K. Sharma, AOR

    Mr. P.V. Dinesh, AOR

    Ms. Anitha Shenoy, AOR

    Mr. Gopal Singh, AOR

    For Jharkhand

    Mr. Anil K. Jha, AOR

    Mrs. Priyanka Tyagi, Adv.

    M/s. Corporate Law Group

    Ms. Sumita Hazarika, AOR

    Mr. Satish Vig, AOR

    Mr. Aruneshwar Gupta, AOR

    M/s. Arputham, Aruna & Co.

    For Andaman & Mr. Balasubramaniam, Adv. Nicobar Mr. K.V. Jagdishvaran, Adv. Ms. G. Indira, AOR

    Mrs. D. Bharathi Reddy, AOR

    Mr. Dharmendra Kumar Sinha, AOR

    For Puducherry Mr. V.G. Pragasam, AOR

    Mr. S.J. Aristotle, Adv. Mr. Prabu Ramasubramaniam, Adv.

    Mr. Ajay Pal, AOR

    Mr. Jatinder Kumar Bhatia, AOR

    Mr. R. Nedumaran, AOR

    Ms. Shalu Sharma, AOR

    Mr. Ranjan Mukherjee, AOR

    Ms. A. Subhashini, AOR

    Dr. Monika Gusain, AOR

    Mr. S. Thananjayan, AOR

    Mr. Sudarshan Singh Rawat, AOR

    Mr. C.D. Sigh, AOR

    For West Bengal Mr. Anip Sachthey, AOR Mr. Mohit Paul, Adv.

    Mr. Abhijat P. Medh, AOR

    Mr. Rameshwar Prasad Goyal, AOR

    For Tamil Nadhu Mr. M. Yogesh Kanna, Adv. Mr. A. Santha Kumaran, Adv. Ms. Vanita C. Giri, Adv.

    For Rajasthan

    Mr. S.S. Shamshery, AAG

    Mr. Sandeep Singh, Adv. Ms. Ruchi Kohli, Adv.

    For Nagaland

    Mr. K. Enatoli Sema, Adv. Mr. Amit Kumar Singh, Adv.

    For Mizoram

    Mr. K.N. Madhusoodhanan, Adv. Mr. R. Sathish, Adv.

    For H.P.

    Mr. Suryanarayana Singh, AAG Ms. Pragati Neekhra, Adv.

    UPON hearing counsel the Court made the following ORDER

    Crl.M.P. No.5029 of 2014, is disposed of in terms of the signed order.

    |(Chetan Kumar) |Court Master

    | |(Savita Sainani) | |Assistant Registrar

    | |

    (Signed order is placed on the file)

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