Supreme Court of India
Aloke Nath Dutta and Ors. v. State of West Bengal
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16 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that Section 161 enables the police to examine the accused during investigation.
Judgment, page 44
From the headnote
Penal Code, 1860: ss. 120B/302 and 201134--Conspiracy and murder-Prosecution case against four accused based on circumstantial evidence-Second accused impersonating as brother of first accused and signing some papers for sale of property-Other accused signing as witnesses-Dead body of brother of first accused found concealed in a newly erected platform in his house Extra-judicial confession of first accused stating to have killed his brother as deceased was not agreeable to the sale of ancestral property-He did not state other accused to have participated in the crime-Retracted judicial
Authorities it was built on
- 1973 Shivaji Sahebrao Bobade & Anr v. State of Maharashtra
- 1988 Hindustan Thompson Associates Ltd. v. Mrs. Maya Inderson Israni & Ors.
- 2003 State of Rajasthan v. Kheraj Ram
- 2004 Surendra Pal Shivbalakpal v. State of Gujarat
- 2005 State of M.P. through C.B.I. Etc. v. Paltan Mallah and Ors. Etc.
- 2001 State of Maharashtra v. Bharat Chaganlal Raghana and Ors.
- 1957 Subramania Goundan v. The State of Madras
- 2005 Holiram Bordoloi v. State of Assam
- 2006 Babubhai Udesinh Parmar v. State of Gujarat
Where later benches applied it
- 2020 Shatrughna Baban Meshram v. State of Maharashtra
- 2014 Anil @ Anthony Arikswamy Joseph v. State of Maharashtra
- 2012 Sahadevan & Anr. v. State of Tamil Nadu
- 2010 C. Muniappan & Ors. v. State of Tamil Nadu
- 2022 Barun Chandra Thakur v. Master Bholu & Anr.
- 2020 Manoj Suryavanshi v. State of Chhattisgarh
- 2018 Rajendra Pralhadrao Wasnik v. State of Maharashtra
- 2015 Union of India v. V. Sriharan @ Murugan & Ors.
- 2014 Md. Jamiludin Nasir v. State of West Bengal
- 2013 Sushil Sharma v. The State of N.C.T. of Delhi
- 2013 Shankar Kisanrao Khade v. State of Maharashtra
- 2012 Sangeet & Anr. v. State of Haryana
- 2012 Munna Kumar Upadhyaya @ Munna Upadhyaya v. The State of Andhra Pradesh through Public Prosecutor, Hyderabad, Andhra Pradesh
- 2012 Jitender Kumar v. State of Haryana
- 2009 Haru Ghosh v. State of West Bengal
- 2019 Central Bureau of Investigation & Anr v. Mohd. Parvez Abdul Kayuum Etc
Of those, 4 relied on · 1 distinguished · 11 referred to
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