P&H: Refuses to quash summoning of police officials in custodial death case

(i) Criminal Procedure Code, 1973, Ss.176, 197 — Scope of interference at stage of summoning — At stage of issuance of process, Court is only required to examine whether material available on record discloses sufficient grounds for proceeding against accused — Meticulous appreciation of the...

(ii) Criminal Procedure Code, 1973, S.176 — Judicial enquiry into custodial death — Enquiry conducted u/s.176 of Code is essentially intended to ascertain circumstances in which custodial death has occurred — Such an enquiry cannot be equated with regular criminal trial where witnesses are subjected...

(iii) Code of Criminal Procedure, 1973, S.176, 197, 482 — Private complaint regarding custodial death — Preliminary evidence and particularly testimony of witness, coupled with admitted fact that deceased died while in police custody, constitute sufficient material to justify issuance of process — Truthfulness of...

(iv) Criminal Procedure Code, 1973, S.197 — Sanction for prosecution — Custodial death — Sanction for prosecution was not liable to be accepted at the stage of quashing — Allegations in complaint were of illegal detention, assault, criminal intimidation and denial of timely medical assistance...