AJAY DIWAKAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Details of criminal case, offences etc. in above referred bail applications are given in the form of chart hereinafter: <FRM>JUDGEMENT_39_LAWS(ALL)5_2023_1.html</FRM>

(2.) Common question of law arose for consideration in all above referred bail applications was reframed during final hearing that:

(3.) Court has heard arguments of Sri Shamsher Singh and Sri Sarfaraz Ahmad, Amicus Curiae and learned counsel for rival parties on the basis of undisputed principles of criminal jurisprudence that, any Investigating Officer or Agency has a right to investigate any case on its own way by undertaking procedure duly recognized under Criminal Procedure Code, 1973 (hereinafter referred to as "Code") or under Police Manual/ Regulation or under any Special Act with object to unearth the truth which also includes custodial interrogation and recording statement of witnesses. It is also well settled that manner of investigation, being a subjective matter of Investigating Officer, cannot be fixed in a straight jacket formula, however, there are certain settled principles and procedures which have to be followed.