Sriramulu v. Veerasa/ingam & Ors.
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 ss. 2(g), 6, 9, 16, 26, 173, 193, 207, 208, 209, 227, 228, 230, 240, 246, 258, 300, 300(5), 319, 319(1), 319(4)(b), 398
- Indian Evidence Act, 1872 ss. 3, 157
- Constitution of India arts. 20, 21
- Indian Penal Code, 1860
- Army Act, 1950
Judgment
Sriramulu v. Veerasa/ingam, (1914) I.LR. 38 Mad. 585b A - referred to. In Re: Narayanaswamy Naidu v. Unknown 1 Ind Cas 228 - referred to. Dagdu Govindshet Wani v. Punja Vedu Wani (1936) 38 B Som.LR. 1189; Sahib Din v. The Crown (1922) I.LR. 3 Lah. 115; Fakhruddin v. The Crown, (1924) I.LR. 6 Lah. 176; Labhsing v. Emperor (1934) 35 Cr.L. J. 1261 - disapproved.
1.6 Section 2(g) Cr.P.C. and the case law clearly c envisage inquiry before the actual commencement of the trial, and is an act conducted under Cr.P.C. by the Magistrate or the court. The word 'inquiry' is, therefore, not any inquiry relating to the investigation of the case by the investigating agency but is an inquiry after the 0 case is brought to the notice of the court on the filing of the charge-sheet. The court can thereafter proceed to make inquiries and it is for this reason that an inquiry has been given to mean something other than the actual trial. [para 36] [38-E-F] E
1.7 Even the word "course" occurring ins. 319 Cr.P.C., clearly indicates that the power can be exercised'· only during the period when the inquiry has been commenced and is going on or the trial which has commenced and is going on. It covers the entire wide F range of the process of the pre-trial and the trial stage. [para 37] [38-G-H]
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.