Showing : 1-10 of 142 Results

SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Once Magistrate takes cognizance and discharges accused, Magistrate has no jurisdiction to suo moto direct I.O for further investigation or direct re-investigation and submit the report - However, I.O is at liberty to apply for further investigation even after forwarding..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34-- Further investigation - Murder of five persons, robbery and rape of one lady - Investigation of case is not fair - Prosecution suppressed the material fact from Court - PW8 immediately after incident identified four persons from album of photographs of notorious criminals - Benefit of lapse in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Direction for further investigation for third time - Four cancellation reports submitted by police - Court directed further investigation without recording any reason or without taking any document/evidence from complainant - There is no application of judicial mind except reasoning that..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Supplementary challan - Investigating agency itself submitted report u/s 173(8) Cr.P.C, which is neither on an application filed by complainant before trial Court nor in exercise of suo moto power of trial Court, therefore, investigating agency has authority to do so - Supplementary charge sheet..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Supplementary challan - Further investigation conducted by police was limited to extent bringing entire evidence on record which was omitted by previous I.O and finding a lapse on his part, which is necessary for trial Court to come to a just and proper decision in case - No infirmity thus, in..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Supplementary challan - Without prior permission of Court - No objection taken when report was submitted - Once trial Court accepted report and two of PWs were examined in pursuance to supplementary challan and prosecution closed its evidence, objection regarding prior permission of Court not..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - After submission of supplementary charge sheet - Powers of trial Court after cognizance against a particular offender not available against same offender, but if supplementary charge sheet is submitted and another offender is included in array of accused, then looking into..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 154-- Two FIRs - Same incident - Second FIR relating to same incident filed after petitioners obtained bail in first FIR - Almost identical allegations were levelled in second FIR - Second FIR quashed - However, contents of second FIR shall be treated as statement u/s 161 Cr.P.C. in the first FIR - In..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - After submission of charge sheet by police - Power of Magistrate - Magistrate has ample power to direct further investigation after submission of charge sheet by police even when cognizance has been taken on charge sheet...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - S.173(8) Cr.P.C. can be pressed into service only at the instance of investigating agency but not at the option of the complainant or accused - Magistrate has no suo motu power to order further investigation at the post cognizance stage...........

Showing : 1-10 of 142 Results