ABDUL BASIT Vs. ABDUL KADIR CHOUDHARY
LAWS(SC)-2014-9-109
SUPREME COURT OF INDIA (FROM: GAUHATI)
Decided on
September 15,2014
ABDUL BASIT
Appellant
VERSUS
Abdul Kadir Choudhary
Respondents
Referred Judgements :-
PURAN V. RAMBILAS AND ANR. [REFERRED TO]GURCHARAN SINGH RAJ KUMAR SHARMA VS. STATE DELHI ADMINISTRATION :STATE DELHI ADMINISTRATION [REFERRED TO]
RAGHUBIR SINGH SIMRANJIT SINGH MANN VS. STATE OF BIHAR [REFERRED TO]
HARI SINGH MANN VS. HARBHAJAN SINGH BAJWA [REFERRED TO]
U P STATE BRASSWARE CORPORATION LTD VS. UDAI NARAIN PANDEY [REFERRED TO]
BAY BERRY APARTMENTS PVT LTD VS. SHOBHA [REFERRED TO]
NARENDRA K AMIN VS. STATE OF GUJARAT [REFERRED TO]
RASHMI REKHA THATOI VS. STATE OF ORISSA [REFERRED TO]
GIAN SINGH VS. STATE OF PUNJAB [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. V. VIJAY SAI REDDY [REFERRED TO]
RANJIT SINGH VS. STATE OF M.P. [REFERRED TO]
Cited Judgements :-
DEVENDRA S/O GOVIND GOYAL VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-4-41] [REFERRED TO]THE STATE VS. RAVI [LAWS(MAD)-2015-8-143] [REFERRED TO]
ZEBA PARVEEN VS. STATE OF U.P. [LAWS(ALL)-2023-5-52] [REFERRED TO]
STATE OF RAJASTHAN VS. CHINTU @ ASLAM SHER KHAN [LAWS(RAJ)-2021-1-173] [REFERRED TO]
ARIFBHAI ABDULBHAI SALAT VS. STATE OF GUJARAT [LAWS(GJH)-2023-6-42] [REFERRED TO]
JAYARAMA D VS. STATE OF KARNATAKA [LAWS(KAR)-2019-2-197] [REFERRED TO]
STATE OF GUJARAT VS. GADHAVI MAHESHSINH BHUPENDRASINH [LAWS(GJH)-2020-10-61] [REFERRED TO]
SMT. P KALPANA VS. THE STATE OF TELANGANA REP BY ITS PUBLIC PROSECUTOR HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF AP HYDERABAD [LAWS(APH)-2018-6-67] [REFERRED TO]
IN RE: HARUN RASID KHAN, MINAJUDDIN MONDAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2021-8-40] [REFERRED TO]
ANIMESH DAS VS. STATE OF WEST BENGAL & ORS. [LAWS(CAL)-2015-6-133] [REFERRED TO]
LALIT KUMAR VAIDYA VS. STATE OF HIMACHAL PRADESH AND ORS. [LAWS(HPH)-2015-6-112] [REFERRED TO]
SAGAR SITARAM MITRE VS. BHANU PRATAP [LAWS(BOM)-2020-9-285] [REFERRED TO]
FIROZ KHAN VS. STATE OF MAHARASHTRA [LAWS(BOM)-2021-1-194] [REFERRED TO]
DIPAK KUMAR MONDAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-6-80] [REFERRED TO]
KHAJIM @ KHAJIMULLA KHAN VS. STATE OF KARNATAKA [LAWS(KAR)-2019-12-14] [REFERRED TO]
HITESHKUMAR VALLABHDAS SHAH VS. STATE OF GUJARAT [LAWS(GJH)-2020-11-35] [REFERRED TO]
MUNNI EFFA VS. STATE OF ARUNACHAL PRADESH [LAWS(GAU)-2020-12-15] [REFERRED TO]
SAJIDKHAN VS. STATE OF GUJARAT [LAWS(GJH)-2022-9-795] [REFERRED TO]
CHETNABEN VS. STATE OF GUJARAT [LAWS(GJH)-2023-6-1634] [REFERRED TO]
AZHER SHAFIK MOHAMAD SAEED NAGAMIA VS. STATE OF GUJARAT [LAWS(GJH)-2023-6-39] [REFERRED TO]
STATE OF KARNATAKA VS. JAYADEVA [LAWS(KAR)-2018-10-43] [REFERRED TO]
C. MANGAI VS. SHIVA SUBRAMANIAN AND ORS. [LAWS(KAR)-2015-9-192] [REFERRED TO]
THE STATE OF MADHYA PRADESH (FOREST DEPARTMENT) VS. JAITMANG [LAWS(MPH)-2016-4-27] [REFERRED TO]
C B I VS. SANJEEV SAXENA [LAWS(MPH)-2015-10-167] [REFERRED]
PREM CHAND JAISWAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2024-1-21] [REFERRED TO]
RAM NAGINA GUPTA VS. STATE OF CHHATTISGARH [LAWS(CHH)-2020-10-76] [REFERRED TO]
KARIM MORANI VS. THE STATE OF TELANGANA AND ANOTHER [LAWS(APH)-2017-9-77] [REFERRED TO]
VIDHYABEN MUKESHBHAI NAYI VS. STATE OF GUJARAT [LAWS(GJH)-2024-1-78] [REFERRED TO]
MOHAMED IMRAN MANSOORI AND ORS. VS. INTELLIGENCE OFFICER, NCB SOUTH ZONE [LAWS(MAD)-2015-10-245] [REFERRED TO]
PAWAN KUMAR DWIVEDI VS. STATE OF U.P [LAWS(ALL)-2017-7-167] [REFERRED TO]
JAGDISH YADAV VS. STATE OF U.P. [LAWS(ALL)-2017-7-202] [REFERRED TO]
SANT GURMEET RAM RAHIM SINGH VS. CBI [LAWS(P&H)-2014-12-26] [REFERRED TO]
NITINBHAI NARENDRABHAI RAJGURU VS. STATE OF GUJARAT [LAWS(GJH)-2023-11-54] [REFERRED TO]
MOHAMED RIFAS VS. UNION OF INDIA [LAWS(MAD)-2023-12-62] [REFERRED TO]
SURESH KUMAR VS. RAJENDRA KUSHWAH [LAWS(MPH)-2022-8-77] [REFERRED TO]
SHANTANU MANDAL VS. STATE OF TRIPURA [LAWS(TRIP)-2022-1-36] [REFERRED TO]
VENU GOPAL NAREDLA VENUGOPAL REDDY VS. STATE OF TELANGANA [LAWS(TLNG)-2021-7-167] [REFERRED TO]
SMT. SUMITRA VS. STATE OF U.P. [LAWS(ALL)-2016-5-217] [REFERRED TO]
C HINDUMATHI VS. STATE OF A P REPRESENTED BY ITS PUBLIC PROSECUTOR AND 10 OTHERS [LAWS(APH)-2018-9-6] [REFERRED TO]
SRI. NIRANJAN. H.K. S/O. KRISHNAPPA VS. THE STATE OF KARNATAKA BY BANASHANKARI POLICE STATION [LAWS(KAR)-2018-7-557] [REFERRED TO]
MEVINDI VEERESHA VS. HARIHAR TOWN POLICE STATION [LAWS(KAR)-2024-7-36] [REFERRED TO]
SMT. SAKSHI SHROTI, W/O. AVDESH SHROTI VS. AVDHESH SHROTI, S/O. ASHOK KUMAR SHARMA [LAWS(CHH)-2017-7-52] [REFERRED TO]
MS. P VS. STATE OF MADHYA PRADESH [LAWS(SC)-2022-5-18] [REFERRED TO]
MEENA DEVI VS. STATE OF U.P [LAWS(SC)-2022-5-109] [REFERRED TO]
SOMESH CHAURASIA VS. STATE OF M.P. [LAWS(SC)-2021-7-29] [REFERRED TO]
NILESHBHAI REVABHAI PATEL VS. STATE OF GUJARAT [LAWS(GJH)-2023-6-1426] [REFERRED TO]
BINABEN VS. STATE OF GUJARAT [LAWS(GJH)-2023-7-691] [REFERRED TO]
NAVAS VS. STATE OF KERALA [LAWS(KER)-2023-6-74] [REFERRED TO]
RAJESH THOMAS VS. STATE OF MAHARASHTRA [LAWS(BOM)-2024-1-192] [REFERRED TO]
SREEJITH UNNI VS. STATE OF KERALA [LAWS(KER)-2021-11-12] [REFERRED TO]
MOHD MEHANDI SHAH VS. STATE [LAWS(DLH)-2021-11-233] [REFERRED TO]
MD. RUSTAM @ MINU VS. STATE OF BIHAR [LAWS(PAT)-2017-6-2] [REFERRED TO]
MAHENDRA GAUR VS. GAUTAM BOSE AND OTHERS [LAWS(RAJ)-2016-8-237] [REFERRED TO]
STATE OF RAJASTHAN VS. RAVINDRA MALIK [LAWS(RAJ)-2021-1-291] [REFERRED TO]
INSPECTOR OF POLICE, CBCID VS. SIGAMANI [LAWS(MAD)-2023-8-83] [REFERRED TO]
SHIFA-UR-REHMAN VS. STATE OF N.C.T. OF DELHI [LAWS(DLH)-2021-5-158] [REFERRED TO]
MEENAKSHI SHARMA VS. STATE OF PUNJAB AND ANOTHER [LAWS(P&H)-2017-3-353] [REFERRED TO]
KRISHNA BERA VS. BUDDHADEB MUDLI AND ORS. [LAWS(CAL)-2015-6-28] [REFERRED TO]
JYOTI VS. STATE AND ORS. [LAWS(DLH)-2015-2-51] [REFERRED TO]
VIRENDER KUMAR VS. STATE OF H.P [LAWS(HPH)-2020-11-3] [REFERRED TO]
STATE VS. ARUNDAS V.P. AND ORS. [LAWS(KER)-2015-1-63] [REFERRED TO]
INTELLIGENCE OFFICER, NARCOTIC CONTROL BUREAU VS. LIJO K. JOSE [LAWS(KER)-2015-11-144] [REFERRED TO]
STATE OF MADHYA PRADESH VS. MANOJ JATAV [LAWS(MPH)-2018-3-557] [REFERRED TO]
HIMANSHU SHARMA VS. STATE OF MADHYA PRADESH [LAWS(SC)-2024-2-53] [REFERRED TO]
STATE THROUGH CENTRAL BUREAU OF INVESTIGATION VS. T. GANGI REDDY @ YERRA GANGI REDDY [LAWS(SC)-2023-1-28] [REFERRED TO]
RAJVIR SINGH VS. PANKAJ MADAN AND ORS. [LAWS(DLH)-2016-3-143] [REFERRED TO]
SATYENDRA KUMAR VS. STATE OF U P & ANOTHER [LAWS(ALL)-2017-2-328] [REFERRED TO]
STATE OF WEST BENGAL VS. RAKESH KUMAR SINGH [LAWS(CAL)-2015-6-58] [REFERRED TO]
WIND WORLD (INDIA) LIMITED VS. ENERCON GMBH [LAWS(BOM)-2016-3-65] [REFERRED TO]
NIKUNJA KATHAR AND ORS. VS. STATE OF ASSAM AND ORS. [LAWS(GAU)-2015-7-45] [REFERRED TO]
RAVIKUMAR VS. STATE OF KARNATAKA [LAWS(KAR)-2018-10-95] [REFERRED TO]
VIKASH RAGHUVANSHI VS. STATE OF M P AND ANOTHER [LAWS(MPH)-2016-1-74] [REFERRED]
MONOJ KUMAR DASH VS. REPUBLIC OF INDIA & ORS. [LAWS(ORI)-2016-3-64] [REFERRED TO]
STATE OF NAGALAND VS. UMESH SINGH [LAWS(GAU)-2017-3-46] [REFERRED TO]
JAYESHBHAI NARENDRABHAI RAVAL VS. STATE OF GUJARAT AND ORS. [LAWS(GJH)-2016-3-204] [REFERRED TO]
RUHEE GUPTA VS. AMIT AGGARWAL AND ORS. [LAWS(DLH)-2015-9-17] [REFERRED TO]
RAJEEV SAUMITRA VS. NEETU SINGH AND ORS. [LAWS(DLH)-2016-1-242] [REFERRED TO]
ANWARBHAI IBRAHIMBHAI TAYANI VS. STATE OF GUJARAT [LAWS(GJH)-2018-4-19] [REFERRED TO]
CHAVATAPALLI DHARMA RAJU VS. STATE OF ANDHRA PRADESH [LAWS(APH)-2023-9-19] [REFERRED TO]
KUMARASWAMY, S/O SHIVARAMAIAH VS. STATE OF KARNATAKA, BY CID POLICE [LAWS(KAR)-2019-9-90] [REFERRED TO]
RAJPAL MEENA VS. VISHNU SHARMA [LAWS(RAJ)-2018-2-209] [REFERRED TO]
STATE OF GUJARAT VS. KANTILAL NARSHIBHAI BHIMANI [LAWS(GJH)-2023-6-305] [REFERRED TO]
DEEPIKA SHARMA VS. STATE GOVT OF NCT OF DELHI & ORS [LAWS(DLH)-2018-5-524] [REFERRED TO]
SHASHI SHEKHAR @ NEERAJ VS. STATE OF THE NCT OF DELHI AND ORS. [LAWS(DLH)-2016-11-60] [REFERRED TO]
STATE OF PUNJAB VS. JAGJIT SINGH CHAHAL AND ORS. [LAWS(P&H)-2015-10-111] [REFERRED TO]
CHETAN WALIA AND ORS. VS. STATE OF HARYANA AND ORS. [LAWS(P&H)-2015-11-103] [REFERRED TO]
SANTOSH KUMARI VS. STATE OF HARYANA [LAWS(P&H)-2022-2-141] [REFERRED TO]
BIJENDRA SAINI VS. STATE OF UTTARAKHAND [LAWS(UTN)-2017-11-49] [REFERRED TO]
RAVINDRA S/O MANSINGH JADHAV VS. STATE OF MAHARASHTRA [LAWS(BOM)-2022-8-97] [REFERRED TO]
SANTOSH KUMAR MEHROTRA VS. STATE OF U.P. [LAWS(ALL)-2018-3-15] [REFERRED TO]
MUKESH DHOBI VS. STATE OF U P & 2 OTHERS [LAWS(ALL)-2018-8-106] [REFERRED TO]
JUDGEMENT
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(1.)These Special Leave Petitions arises out of the judgment and order passed by the High Court of Gauhati at Guwahati in Crl. M.C. 226 of 2013 in B.A. No. 654 of 2013 (D/o.), dated 16.07.2013, whereby and whereunder the High Court has cancelled the bail granted to the Petitioners herein by the High Court.
(2.)A succinct recapitulation of the facts in the instant case is:
On the complaint of one Tofail Ahmed alleging kidnapping of his son, P.S. Case No. 181/2011 was registered Under Section 365 of the Indian Penal Code, 1860 (for short "the Indian Penal Code") at the Badarpur Police Station at Karimganj, Assam, dated 22.11.2012. Sessions Case No. 75 of 2012 arising out of the aforesaid was registered Under Sections 365, 120B, 302 and 201 of Indian Penal Code and Section 27 of the Arms Act against two accused-Petitioners herein-Kamal Hussain and Mumin Uddin. Further, another Police Case No. 126 of 2012 was registered Under Section 365, 120B, 302, 201 of Indian Penal Code and Section 25(1-B)(a), (2) and (3) of the Arms Act for threatening to commit murder of the witnesses in the aforesaid Sessions Trial against the Petitioner accused persons herein and the corresponding Sessions Case No. 182 of 2012 was committed. The accused-Petitioners were in judicial custody. While the aforesaid two accused Petitioners in Sessions Case No. 75 of 2012 were acquitted, the Trial Court had enlarged accused Petitioner-Abdul Basit on bail by order dated 24.01.2013.
(3.)The wife of the deceased preferred Writ Petition No. 4523 of 2012 before the High Court for the direction to investigating agencies in Police Case No. 126 of 2012 to investigate properly. The High Court took note of the fact that the Sessions Case No. 182 of 2012 is at the stage of framing of charges and observed that depending upon the materials on record the Trial Court is at liberty to invoke Section 173(8) of the Code of Criminal Procedure, 1973 (for short, "the Code") requiring further investigation by an independent agency, more particularly the CID, by its order dated 29.01.2013.
(2.)A succinct recapitulation of the facts in the instant case is:
On the complaint of one Tofail Ahmed alleging kidnapping of his son, P.S. Case No. 181/2011 was registered Under Section 365 of the Indian Penal Code, 1860 (for short "the Indian Penal Code") at the Badarpur Police Station at Karimganj, Assam, dated 22.11.2012. Sessions Case No. 75 of 2012 arising out of the aforesaid was registered Under Sections 365, 120B, 302 and 201 of Indian Penal Code and Section 27 of the Arms Act against two accused-Petitioners herein-Kamal Hussain and Mumin Uddin. Further, another Police Case No. 126 of 2012 was registered Under Section 365, 120B, 302, 201 of Indian Penal Code and Section 25(1-B)(a), (2) and (3) of the Arms Act for threatening to commit murder of the witnesses in the aforesaid Sessions Trial against the Petitioner accused persons herein and the corresponding Sessions Case No. 182 of 2012 was committed. The accused-Petitioners were in judicial custody. While the aforesaid two accused Petitioners in Sessions Case No. 75 of 2012 were acquitted, the Trial Court had enlarged accused Petitioner-Abdul Basit on bail by order dated 24.01.2013.
(3.)The wife of the deceased preferred Writ Petition No. 4523 of 2012 before the High Court for the direction to investigating agencies in Police Case No. 126 of 2012 to investigate properly. The High Court took note of the fact that the Sessions Case No. 182 of 2012 is at the stage of framing of charges and observed that depending upon the materials on record the Trial Court is at liberty to invoke Section 173(8) of the Code of Criminal Procedure, 1973 (for short, "the Code") requiring further investigation by an independent agency, more particularly the CID, by its order dated 29.01.2013.
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