SC :ON RIGHTS OF ACCUSED UNDER SECTION 167(2) OF CR. P.C. SUPREME COURT: ON RIGHTS OF ACCUSED UNDER SECTION 167(2) OF CR. P.C. In the instant case, the day the accused filed the application for benefit of the default provision as engrafted under proviso to sub-Section (2) of Section 167 CrPC the Court required the accused to file a rejoinder affidavit by the time the initial period provided under the statute had expired. There was no question of any contest as if the application for extension had been filed prior to the expiry of time. The adjournment by the learned Magistrate was misconceived. He was obliged on that day to deal with the application filed by the accused as required under Section 167(2) CrPC. We have no hesitation in saying that such procrastination frustrates the legislative mandate. Union of India through C.B.I. … Appellant Versus Nirala Yadav @ Raja Ram Yadav @ Deepak Yadav …Respondent CRIMINAL APPEAL NO. 786 OF 2010, DECIDED ON: 30.06.2014
Posted on: Mon, 07 Jul 2014 04:11:08 +0000
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