Criminal Procedure Code

The Code of Criminal Procedure (1973) provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of punishment of the guilty, in India.

Case:

1. At around 12 Noon of April 22, 2020, the Station House officer (SHO) of Sonipat, Jatheri police station received a call from Dr. Walter Singh that a group of 3 people were taking a television set and a black duffel bag, which also seemed full, from a flat in Pinnacle apartment complex. The caller stated that he believed that theft was being committed because he was the neighbor of the family that resided in that flat and the family had not been at home since March 20, 2020. Dr. Walter provided detailed description of the persons and their activities. The SHO recorded the statement in the General Diary and proceeded to Pinnacle apartments with two constables.

2. Upon entering the said flat they found a dead body in the bedroom of the said flat. The whole house had been turned upside down and several electronic items were missing. The SHO told the constables to go around the apartment complex and question people. The constable recorded the statement of the guard of the apartment complex who said that he had noted the exit of a black swift desire car at around 11:30 AM. The guard stated that there were 3 people in the car, who were not the residents of the apartment complex, and he had never seen them before. The constable recorded the statement as a First Information Report (FIR) and gave a signed copy of the same to the guard. The FIR was recorded for Section 379 read with 34 Indian Penal Code (IPC) and Section 302 read with Section 34 IPC against 3 unnamed persons.

3. The Station House Officer (SHO) called the forensic team who collected forensic evidence, including DNA material from the scene of the crime. The SHO also met with Dr. Walter and recorded his detailed statement and took his signatures on the same. The Police thereafter conducted further investigation.

4. In the interim, one Ladoo Singh, filed an Application for anticipatory bail before the Sessions Court, Delhi citing health reasons, that he was suffering from several co-morbidities and over all poor health, and therefore keeping in mind the wide spread of the CoVID-19 pandemic, he should be granted anticipatory bail.

After investigation, the police submitted a Report under Section 173 (2) Criminal Procedure Code (CrpC) before the Magistrate, stating therein that there was not sufficient evidence to forward the names of the Accused for trial and that the case be closed. The original Complainant got to know of the same from a newspaper report after a week.

Question: Having reference to Paragraphs Nos. 1-3 of the facts stated above, identify the sections of Criminal Procedure Code under which the police authorities have exercised their powers. Also discuss the detailed procedure and flaws, if any, in the procedure adopted in the present case. Give reasons for your answer supported by case law.

Question: You are the judge who has to decide the bail application mentioned in Paragraph 4 of the Facts. Pass an order identifying provisions of the Criminal Procedure Code, legal principles applicable and cite relevant case-law.

Question: Having special reference to Paragraph 5 of the facts stated above, assume you the lawyer who has been approached by the Complainant, as he feels that the police have not conducted proper investigation and he wishes to know the procedure and his legal options. Give a written opinion identifying the relevant provisions, legal issues and the course available to the Complainant.

Question: Discuss the law and procedure as to how “Charge” may be framed against an accused under Criminal Procedure Code.

Question: Examine the scope of Section 313 of the Criminal Procedure Code.

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