Tuesday, 21 January 2025

Supreme Court upheld Karnataka High court judgment on police custody remand under S 187 of BNSS(Old S 167 of CRPC)

 The concerned Court itself came to the conclusion that police custody is not required and has dismissed the application(s) of the prosecution as well as the Complainant. We see no reason to interfere with the order of the High Court, in exercise of our jurisdiction under Article 136 of the Constitution of India.

 S U P R E M E C O U R T O F I N D I A

 RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl.) No(s). 18063/2024

[Arising out of impugned final judgment and order dated 13-12-2024

in WP No. 33526/2024 (GM-RES) passed by the High Court of Karnataka  at Bengaluru]

HYDER ALI Vs STATE OF KARNATAKA & ORS.

Date : 08-01-2025 This petition was called on for hearing today.

CORAM :

 HON'BLE MR. JUSTICE SUDHANSHU DHULIA

 HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA

Read Karanataka HC Judgment here: Click here.

 UPON hearing the counsel the Court made the following

 O R D E R

Heard learned senior counsel appearing for the parties.

By this petition the petitioner-complainant seeks that the

accused persons (respondent nos.2 to 4 herein) be sent to police

custody. We are informed that the accused (respondent nos.2 to 4

herein) are already in judicial custody. The concerned Court itself

came to the conclusion that police custody is not required and has dismissed the application(s) of the prosecution as well as the

Complainant. We see no reason to interfere with the order of the High Court, in exercise of our jurisdiction under Article 136 of the Constitution of India.

The present petition is, accordingly, dismissed.

Pending application(s), if any, shall stand disposed of.

(NIRMALA NEGI) (RENU BALA GAMBHIR)

COURT MASTER (SH) ASSISTANT REGISTRAR

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