Criminal Procedure Code, 1973, Section 482,173(8) -- Fresh investigation - Re-investigation - Inherent powers of High Court - S.173(8) Cr.P.C. do not limit or affect the inherent powers of High Court to order fresh investigation or re-investigation if High Court is satisfied that such fresh investigation or re-investigation is necessary to secure the ends of justice...........
Criminal Procedure Code, 1973, Section 173 -- Charge sheet filed - Non appearance of accused - Forfeiture of bail bond - Can only be when accused does not appear despite service of notice of presentation of charge sheet served either by I.O. or by Court...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Not permissible during hearing of sessions trial - Sessions Judge has no right to exercise powers u/s 173(8) Cr.P.C...........
Constitution of India, 1950, Article 226, 32, 21, 22, Criminal Procedure Code, 1973, Section 173 -- Entrusting investigation to CBI - Not a case that investigation is not properly done or that police has unnecessarily harassed the petitioner - Rather record of case reveals that it is only after completion of investigation that charge sheet is filed - No allegation of mala..........
Criminal Procedure Code, 1973, Section 173(8), 200, 202, 482 -- Reinvestigation - Criminal case cannot be sent to police for reinvestigation - However, it can be sent for further investigation on specific issues - In case Magistrate is not satisfied with the finding or the result of the investigation he himself can examine the complainant and other witnesses u/ss 200 and..........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Police report - Cognizance - When a police report is forwarded to Magistrate either under sub section (2) or under sub section (8) of S.173 Cr.P.C. it is for the Magistrate to apply his mind to the police report and take a view whether to take cognizance of an offence or not to take cognizance of offence against an..........
Criminal Procedure Code, 1973, Section 173, 190 -- Police report - Cognizance - When police u/s 173(2) indicts a person and u/s 173(8) exonerates him it is for the Magistrate to form an opinion whether the facts make out an offence - Objections of complainant, if any, must be considered...........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 173 -- Completion of Investigation - Duty of Investigation Officer - Held, investigation in cognizable cases may lead investigating officer to conclusion that there is no sufficient evidence or reasonable ground of suspicion to proceed against accused and prompt investigating officer to conclude investigation as "not..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 173 -- Submission of final report - Closure report - Protest petition - Right of complainant - Held, complainant is within in his rights to not only oppose prayer for closure of investigation case but also has to file a protest petition insisting cognizance of offence be taken against accused - Complainant cannot..........
Criminal Procedure Code, 1973, Section 482, 173 -- Quashing of charge sheet - Charge sheet submitted during continuation of investigation - It is a incomplete charge sheet - Magistrate cannot take cognizance on the basis of incomplete charge sheet - Order taking cognizance set aside...........