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Trial Inside Jail is not against section 465 Cr. PC

Raj Kumar Makkad ,
  21 April 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Criminal - Shifting of Venue of Trial - Section 465 of Code of Criminal Procedure, 1973 - Whether the notification empowering a Sessions Court to hold trial inside the jail is outside the purview of Section 465 of the Code ?
Citation :
Md. Shahabuddin v. State of Bihar and Ors. (Decided on 25.03.2010) MANU/SC/0203/2010
Held, impugned notification within the meaning of 'other proceedings before or during the trial'. Also, 'other proceedings before and during trial' would include the notification issued by the High Court and given effect by the State Government by virtue of the constitutional provisions in Chapter-VI of the Constitution. Hence, notification in the nature of a sanction to prosecute the Appellant within the Jail premises in the Courts of Sessions Division and the Judicial Magistrate. Notification empowering a Sessions Court to hold trial inside the jail within the words `irregularities in any sanction for the prosecution' and thus not outside the purview of Section 465 of the Code. Appeal dismissed.

 
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Published in Criminal Law
Views : 1726




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