Sharanveer Singh v. State Of Punjab
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"'Statement of Ajay Kumar son of Birampal resident of Alawalpur Police Station Bhagwanpur District Haridawar State Uttrakhand aged about 25 years mobile no. 90277(94585 stated that I am residing at the above said address and appointed as Assistant Manager in the Branch of Fuzan Micro Finance Company in
Dasuya, as per daily routine on 14(06(2024 I went to office for performing my duty that I was present in my branch with my staff at about 9:30 PM then two unknown persons whom wearing muffled on their face one out of them is Sardar and another one was clean shave person whom was Sardar put a Pistol shaped weapon and said that whatever cash you have give us otherwise he will shoot due to fear all the collected cash in the cashbox that was approximately 2 lakh 27,000 forcibly taken out apart from that an amount of Rs. 6000/(was taken from an Almirah. And thereafter out of those two persons, one person had jumped from roof on ground on a car parked there and second person climbed down from staircase and their accomplice was already standing with motorcycle, where upon all of them fled away from the spot on the above said person with motorcycle. A legal action be taken against the above said unknown persons."
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41(/5)+,+0/(6(0*0*,4(7 It has been contended on behalf of learned counsel for the petitioner that earlier the FIR was registered against unknown persons, but later on the petitioner has been nominated as an accused on the basis of supplementary statement suffered by the complainant namely Ajay Kumar on 17.06.2024. He further contends that the petitioner has nothing to do with the alleged offence and implicated by the police due to a pre-existing vendetta with the complainant, who is working as Assistant Manager in Fusion Micro Finance Limited, Branch Dasuya, wherein the petitioner was also working in the same company, but had left due to a payment dispute. #
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"We find force in the submission of the CBI that custodial interrogation is qualitatively more elicitation oriented than questioning a suspect who is well ensconded with a favourable order under Section 438 of the code. In a case like this effective interrogation of a suspected person is of tremendous advantage in disinterring many useful informations and also material which would have been concealed. Success in such interrogation would elude if the suspected person knows that he is well protected and insulated by a pre(arrest bail order during the time he is interrogated. Very often interrogation in such a condition would reduce to a mere ritual. The argument that the custodial interrogation is fraught with the danger of the person being subjected to third(degree methods needs not be countenanced, for, such an argument can be advanced by all accused in all criminal cases. The Court has to presume that responsible police officers would conduct themselves in a responsible manner and that those entrusted with the task of disinterring offences would not conduct themselves as offenders."
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sham Whether speaking/reasoned : Yes/No Whether reportable : Yes/No