MUKUND LAL & ANR. versus UNION OF INDIA.& ANR.

MUKUND LAL & ANR. versus UNION OF INDIA.& ANR.

Section 172(3) Cr.P.C. is constitutionally valid, embodies necessary safeguards to ensure fair trial; court's discretionary power is sufficient to protect accused's rights and public interest; embargo on accused's access to case diary is partial and not absolute.

Source-derived case information.

Parties
Petitioner: Mukund Lal; Respondent: Union of India; Respondent: Anr.
Jurisdiction
India
Judgment Date
14 October 1988
Procedural Posture
Writ Petition (criminal) / Final Decision on Constitutional Validity, Writ Petitions Dismissed
Outcome
Petitions dismissed; constitutional validity of Section 172(3) Cr.P.C. upheld
Legal Topics
Case Diary Confidentiality, Accused's Rights, Judicial Discretion, Section 172(3) Cr.p.c., Privilege and Public Interest
Criminal Law Constitutional Law Case Diary Confidentiality Accused's Rights Judicial Discretion Section 172(3) Cr.p.c. Privilege and Public Interest

Source-derived case record

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Parties

Mukund Lal

Petitioner

Union of India

Respondent

Anr.

Respondent

Procedural Posture

Writ Petition (criminal) / Final Decision on Constitutional Validity, Writ Petitions Dismissed

  1. 1 Whether Section 172(3) of Cr.P.C. is constitutionally valid and reasonable?
  2. 2 Are the rights of the accused safeguarded despite the embargo on access to case diaries?

Ratio Decidendi

Section 172(3) Cr.P.C. is constitutionally valid, embodies necessary safeguards to ensure fair trial; court's discretionary power is sufficient to protect accused's rights and public interest; embargo on accused's access to case diary is partial and not absolute.

Court Disposition

Petitions dismissed; constitutional validity of Section 172(3) Cr.P.C. upheld

Orders

  • Petitions dismissed