The petitioner, an accused, filed a writ petition seeking a witness summons under Section 91 CrPC for a former Superintendent of Police. The High Court found no interference necessary as the High Court below had already rejected the application due to lack of purpose, thus no writ jurisdiction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1648 OF 2017
Pramod V. Shastri
Pramod V. Shastri … Petitioner vs. The CBI and Ors. … Respondents
Mr. Satyavrat Joshi for the Petitioner. Mr. H. S. Venegavkar for Respondent – CBI.
Mr. A. D. Khamkhedkar, APP for the State.
CORAM : A. K. MENON, J. DATE : 4 th JULY, 2017
P.C.:
(a) this Hon'ble Court may be pleased to permit the Accused No. 3 to summon Shri C. H. Pratap Reddy (Indian Police Service) as a defence witness in connection with the aforesad case; alongwith the file noting mentioned in paragraph no. 11 of this application.
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(b) a Witness Summons summoning Shri C. H. Pratap Reddy (Indian Police Service) as a defence witness may be issued on the following address :
Additional Commissioner of Police, Bengaluru, Having office at the office of the Commissioner of Police, Bengaluru, Karnataka.
(c) any other relief as this Hon'ble Court may deem fit.
The said application was disposed of alongwith application No. 659 by a common order dated 3rd April, 2017.
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1 issue framed by the court
Whether the High Court in writ jurisdiction can issue a witness summons under Section 91 of the CrPC when the High Court below has already rejected the application.
2 provisions across 1 enactments
Pramod V. Shastri
The CBI and Ors.
A. K. Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
