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It is IO who has to form its opinion whether he requires custoial interrogation or not

Raj Kumar Makkad ,
  28 June 2010       Share Bookmark

Court :
High Court of Karnatka
Brief :
Anticipatory Bail - Petition under Section 438 of CrPC to grant anticipatory bail for the offence under Section 13 of PC Act, 1988 and Section 409 r/w 149 of IPC - Alleged misappropriation of public money by Chief Officer, Town Municipal Council - Whether custodial interrogation of the Petitioner necessary?
Citation :
H. Ragavendra Rao v. State of Karnataka (Decided on 20.05.2010)

Held, the Court said that there is no dispute that Petitioner was awarded contract of laying the roads. The work of laying roads was shifted to other area as per directions of the accused and he has carried out the other work for which he has received money. The investigation is under way and during investigation these contentions will have to be enquired into and ultimately it is for I.O. to form an opinion and file final report. Having regard to the fact that the custodial interrogation of the Petitioner is found necessary in the case, no such direction can be issued. Petition dismissed.

 

 
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Published in Criminal Law
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