Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - On completion of further investigation, the investigating agency has to forward to the Magistrate a further report and not fresh report regarding the `further' evidence obtained during such investigation...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Charge sheet for the offence punishable u/ss 323, 504 & 506 IPC submitted upon which charges framed - Supplementary charge sheet filed for the offence punishable u/ss 452, 376 and 511 IPC - Accused directed to get bail in the said matter - From the perusal of FIR it cannot be said that prima facie..........
Criminal Procedure Code, 1973, Section 173(2) -- Single FIR - Submission of two separate charge-sheets - Second charge-sheet independent and not supplementary to first one - Held, if both charge-sheets were to be accepted then result of trial would have been very confusing - Impugned order refusing to take cognizance and directing S.P., CBI/SAB/Calcutta to cause further..........
Criminal Procedure Code, 1973, Section 173(2) - - Re-investigation - Permissibility - Held, police has right to further investigate the matter u/sub-S.(8) of S.173 CrPC even after completion of investigation u/sub-s.(2) of S.173 CrPC and Magistrate can give formal permission to make further investigation to police when fresh facts come to light (When police informs and..........
Criminal Procedure Code, 1973, Section 173 -- Further investigation - Permissibility - Further investigation sought on ground that TIP of accused persons were not made by eye-witnesses - Held, there is nothing in law that unless a TIP is held, an accused cannot be identified by an eye-witness in course of trial - No justification at all to direct further investigation...........
Indian Penal Code, 1860, Section 498A, 406, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 173 -- Offence u/ss 498-A, 406, 504 & 506 IPC and Ss.3/4 Dowry Prohibition Act - Territorial jurisdiction - Act of dory demand and harassment was either made at Lucknow or at Jaipur - No mention in FIR that offence was committed partly at..........
Criminal Procedure Code, 1973, Section 173 -- Negative final report by police - Complainant is entitled to be heard before the report of the investigating agency regarding non commission of the major offence could be accepted...........
Criminal Procedure Code, 1973, Section 173 -- Submission of charge-sheet or final report - Duty of IO - Held, after completion of investigation, IO is duty-bound to inform the result of investigation to person who has lodged FIR whether he submits charge-sheet or final report...........
Criminal Procedure Code, 1973, Section 170, 173, Indian Penal Code, 1860, Section 174A -- Submission of chase-sheet - Duty of Investigating Officer - Held, while submitting charge-sheet IO has to inform Magistrate whether accused is in jail or on bail or is being forwarded with charge-sheet - If charge-sheet is being submitted after declaring accused as absconder, a case..........
Criminal Procedure Code, 1973, Section 173, 156 -- Further investigation and fresh investigation - Power of Magistrate - Held, Magistrate has no jurisdiction to direct `fresh' or `de novo' investigation - It is only upon the orders of higher Courts empowered to pass such orders that aforesaid investigation can be conducted, in which event higher Courts will have to pass a..........
