...of variance in two statements; delay in recording statement under Section 164 Cr.P.C., and the medical report are aspects to be considered by the investigating agency at the...) 1. The petition seeks issuance of a writ in the nature of Certiorari quashing F.I.R. bearing Case Crime No.1256 of 2014, under Sections 363 and 366 I.P.C., police station Mallawan..., district Hardoi. 2. Learned counsel appearing for the petitioner contends that the statement of the prosecutrix recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. are at...

...counsel for the applicant submits that delay in recording the statement of witness per se raises clouds over the incrimination of the applicant. Ergo, the applicant may be granted the benefit of...find the sole ground of bail about delay in recording statement is logical, which could succour the applicant to get umbrella of anticipatory bail. In the circumstance, the application is dismissed...anticipatory bail. In contrast, learned counsel for the State opposes the prayer for anticipatory bail and clarifies that on sheer ground that the statement got recorded a bit later, would not make the...

...for the delay in recording his statement. Even in the statement, it can be seen that he too helped the petitioner in destroying evidence, but he is not arraigned as accused. On 18.01.2018...petitioner. Therefore, at this stage, it is difficult to say that there are prima-facie materials. The delay in recording statement of Nagesh cannot be ignored. Accused No.2 has been released on bail...of Nagesh was recorded under Section 164 of Cr.P.C. In this Section 164 statement, he has stated that deceased Puttaraju had illicit relationship with the aunt of the...

...officer S.P Bhagat (P.W 17) has recorded their statements who has admitted in para 10 of his evidence that he has recorded statements of aforesaid eye-witnesses on 2.12.1999 Delay in recording statements under sect...Banti Alias Santosh v. State Of Madhya Pradesh . 2003 12 AIC 49 SC has held that delay in recording statement of wit.... 1986 2 SCC 409. has held that delay in recording statement of witness under section ...

...the face of the evidence of the witnesses this submission is not sustainable. As regards the delay in recording the statement of PW 2 does not necessarily make the evidence untrustworthy. In the..., the mere delay in recording the statement of PW 2 which is undoubtedly a lapse on the part of the Investigating Officer will not render outright rejection of these prosecution evidences. It has already...from nearby villages came and the dacoits fled away. Dwarka Prasad in presence of the people gathered told Lavkushprasad (PW 2) to take down his statement that he recognised the two accused...

...most it attracts Section 304 part-II and not Section 302 of IPC and there is a delay in recording statement of eyewitnesses and hence petitioner is entitled for bail. 5. Per contract...H.P. Sandesh, J.:— This petition is filed under Section 439 of Cr.P.C. seeking regular bail of the petitioner in Crime No. 132/2020 of Yelahanka Police Station, Bengaluru, for the.... 3. The factual matrix of the case is that this petitioner married Smt. Nandini-deceased in the year 2015 and it was a love marriage and this petitioner subjected her for both mental and physical...

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...statement of accused No.11 that is on 29.10.2021. There is some delay in recording statement of the injured CWs.2 and 3 that was recorded on 15.11.2021 and this petitioner was...murder and attempting to commit murder of CWs.1 to 3 who had accompanied the deceased Rajkumar. Merely, there is some delay in recording statement of the injured eye witness as they are in the hospital...innocent of the alleged offences. His name is not found in FIR or in the complaint and his name has been implicated on the basis of voluntary statement of accused No.11. After recording voluntary...

...statement is not recorded by the Investigating Agency. She has contended that from the statement of this witness involvement of the present applicant does not prima-facie appears. The delay in recording ...read statement of witness - Popatbhai Virchandbhai Valmiki recorded by the Investigating Agency on 22.7.2011 and contended that at the time of offence present applicant was present in the village yet his...ORAL ORDER1. This Application has been preferred under Section 439 of the Code of Criminal Procedure, 1973 in connection with the offence being CR...

...for the delay in recording the statement of Prithvi. The investigating officer (PW 36) stated that when he arrived at the spot, Prithvi was unable to speak except making moaning noises. Prithvi was...Khiwari, where Prithvi had been moved, and recorded Prithvi's statement on 29-8-1993. This more than adequately explains the delay in recording the statement of Prithvi. Unexplained delay ...contended that the evidence of appellant Prithvi was not believable because of the long delay in recording the statement. We are afraid that neither case lays down an absolute proposition of law that delay...

...Section 302 of IPC and there is a delay in recording statement of eyewitnesses and hence petitioner is entitled for bail. 5. Per contract learned HCGP appearing for the... 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12THDAY OF JANUARY, 2022... ENLARGE THE PETITIONER ON BAIL IN CR.NO.132/2020 OF YELAHANKA POLICE STATION, BENGALURU CITY FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 302...

...further submits that MLC was conducted on 21/08/2022 but not on 30/08/2022. Though, there was delay in recording statement of witnesses but from their statement, it is clear that crime of Section 392... IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE...of the applicant for grant of bail in connection with Crime No.562/2022 registered at Police Station kuthala District Katni, for the offence punishable under Sections 452, 323, 392, 364, 324, 294, 506...

...uniform in the Bag. The delay in recording statement of PW-18 constable and not reporting the matter to the police station about the occurrence by PW-18 raises serious doubt about the credibility of the...-18 moved from there and went to the Juvenile Court. The Trial Court held that the parcha bayan statement of the deceased was corroborated by the evidence of PW-18 Constable who travelled in the Maruti...(PW-28) stated that at the time of recording parcha bayan, deceased Rajendra Sahu was conscious. But in the parcha bayan, deceased Rajendra Sahu though narrated about the incident and firing by one...

... 1. Heard learned counsel for the parties. Mr. Khapre, learned counsel for the applicant, vehemently argued that there is a delay in recording statement under Section...brief and he too has not been questioned about any delay in examining Tota Ram." 4. There should be no quarrel about the preposition laid down by the ap...case. It is not necessary for me to go into the other aspects as to the necessity of asking the explanation from the Investigating Officer and other witnesses for the delay in recording statement under...

...relationship between the parties, the delay in recording statement of alleged eye witnesses is a factor that needs consideration. Accordingly, he prays to allow the petition. 5...identity of the said person who had given him such information. There is a delay in recording the statement of alleged eye witnesses who allegedly are the childhood friends of deceased and the...present case. The complainant in his statement under Section 161 of Cr.P.C, has not disclosed the identity of the person who had informed him about that the petitioner had stabbed his son Maruti. During...

...is an inordinate delay in recording the statement of the alleged eye witnesses CWs 2 to 9. She submits that accused No.5 as against whom similar allegations are found in the charge sheet has been...recorded by the Police on 13.10.2023 and statement of the remaining eye-witnesses, viz., C.W.6 to C.W.9 was recorded by the Police on 02.12.2023. Considering the inordinate delay in recording statement of...eye witnesses to the incident in question. Though the alleged incident had taken place on 28.09.2023, the statement of CWs 2 to 4 was recorded by the Police on 02.10.2023. Statement of C.W.5 was...

.... There are no other eye-witnesses to the alleged incident. It is his further submission that since CWs 8 and 9 are nomadic they move from one place to another place and as such there is delay in recording ...to allow the petition. 5. It is the specific contention of the learned High Court Government Pleader that there is delay in recording the statement of eye-witnesses because of...those witnesses has been recorded thereafter. If surely they are the eye-witnesses, definitely the statement of the witnesses could have been recorded immediately. That itself creates a doubt in the case...

...bail and the order of conviction having been set aside, the petitioner is entitled for bad. He submits that the cause for delay in recording the statement under Section 313 of...in recording statement under Section 313 of Cr.P.C because the appeals filed by other accused are pending consideration before the Kalburgi Bench of this Court. Assailing...ORDERPetitioner was an accused of offence punishable under Section 302 of IPC in Crime No. 282/2008 registered in New Town Police Station, Bidar District. Vide order dated...

...question was registered at 8:25 a.m after recording statement of PW-5 Pushpender, Ex.PW-5.A. Thus, there was considerable unexplained delay in recording statement of PW-5, Ex.PW-5.A, and registrat...several questions unanswered and ambiguities get confounded by the delay in recording statement of PW-5 and facts mentioned in MLC. PW-5 was cross-examined and questioned that he used to reside with...the prosecution version/allegations.(vii.) Respondent in his statement recorded under Section 313 of the Code of Criminal Procedure, 1973 (Cr.P.C) had...

...that the incident had occurred on 04.07.2022 and the statement of eye witnesses namely CW-6-Gurunath has been recorded on 24.07.2022 and there is a delay of 19 days in recording the said statement...) Kar 2319 and contended that delay in recording the statement of witnesses and accused person in jail for more than one and half year and it is a ground for grant of bail. On these grounds, he...specifically stated the overt-act of this petitioner/accused No.3 holding weapon and assaulting deceased. Merely, because there is a delay in recording statement of witnesses is not a ground for grant of bail...