LAWS(P&H)-1978-4-22

KRISHAN KUMAR Vs. STATE OF HARYANA

Decided On April 07, 1978
KRISHAN KUMAR Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) WHETHER Section 482 of the Code of Criminal Procedure 1973 authorises the quashing of a search warrant (and inevitably the searches and seizures in pursuance thereto) issued under Section 93 of the Code and already executed in the course of an investigation of a duly registered cognizable case is the significant question which falls for determination in these four criminal miscellaneous applications before us on a reference.

(2.) LEARNED Counsel for the parties agree that the facts are, similar, if not identical and this judgment will cover all the four cases. It, therefore, suffices to advert to the factual background in criminal miscellaneous No. 5500 of 1977.

(3.) AFTER hearing the Public Prosecutor for the State in support of the said application and on the basis of the record made available to him, the learned Magistrate recorded the following order. -