AIR 1981 SUPREME COURT 1068

Supreme Court Of India

Hon'ble Judge(s): P. N. Bhagwati, Baharul Islam , JJ

(A) Criminal P.C. (2 of 1974) , Preamble, S.4(1), S.4(2)— Applicability of Code. It is apparent from S. 4 that the provisions of the Criminal Procedure Code are applicable where an offence under the Penal Code or under any other law is being investigated, inquired into, tried or otherwise dealt with.(Para 3) (B) Constitution of India , Art.21, Art.32, Art.226— Criminal P.C. (2 of 1974) , S.162, S.172— Writ petition under Art. 32 by certain under-trials for enforcement of right under Art. 21 on allegation of their blinding by police officers after their arrest or during detention in police custody - State ordering inquiry into alleged offences - Production of reports submitted by police officer after investigation is not barred by either S. 162 or S. 172 of Cr. P. C. Where a writ petition under Art. 32 was filed by under-trials for enforcement of their fundamental right under Art. 21 on the allegation that they were blinded by the police officer either at the time of their arrest or after their arrest, whilst in police custody production of the report submitted by the police officer to the State Government and correspondence exchanged by police officer or notings on files made by them in inquiry ordered by the State Govt. into alleged offenc....