KAILASH CHAND Vs. STATE
LAWS(ALL)-1965-2-30
HIGH COURT OF ALLAHABAD
Decided on February 08,1965

KAILASH CHAND Appellant
VERSUS
STATE Respondents

JUDGEMENT

Satish Chandra, J. - (1.)THIS is an application Under Section 561A Code of Criminal Procedure praying that the identification proceedings of the Applicant may be held at Meerut Jail where he is confined at present.
(2.)THE Petitioner is being prosecuted for offences Under Section 302 IPC and allied sections, in respect of an occurrence which took place in village Chatia, PS Ujhiani, Distt. Budaun on 28 -6 -64.
The Petitioner surrendered in October 1964 in a court at Meerut. The Petitioner made an application in the Court of the A.D.M. Judicial Budaun, praying that the identification proceedings may be held in Meerut Jail and that the Petitioner may not be transferred to Budaun as he apprehends that he would be shown to the identifying witnesses during the course of transit from Meerut to Budaun. The learned A.D.M. rejected this prayer. The Petitioner then moved the learned Sessions Judge, but without success.

(3.)THE learned A.D.M. in his order dated 11 -11 -64 held that the Court cannot direct the investigation to be made in a particular manner and that identification is a part of investigation proceedings.
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