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Results of fair investigation

Showing : 61-70 of 75 Results

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Criminal Procedure Code, 1973, Section 173(3), 173(8), 482 -- Murder case - Charge sheet submitted in the court after the completion of investigation - Case pending trial in the court of Sessions Judge - Father of the accused filed petition in the High Court under Section 482 that investigation was not fair - High Court sought report of DGP about the fairness of..........

SUPREME COURT OF INDIA

Year of decision: 2010
Details

Constitution of India, 1950, Article 21 -- Article 21 of the Constitution in its broad perspective seeks to protect the persons of their lives and personal liberties except according to the procedure established by law - The said Article in its broad application not only takes within its fold enforcement of the rights of an accused but also the rights of the victim - The..........

RAJASTHAN HIGH COURT

Year of decision: 2008
Details

Indian Penal Code, 1860, Section 302, 309 -- Conviction u/s 302 & 309 IPC - FSL report that Aluminum phosphide found in viscera - No evidence that sulphoss tables were in possession of accused and that it is accused who mixed the same in flour while cooking - Investigation not fair - Parcha bayan of accused not amounting to confession since same not recorded by Magistrate..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Criminal Procedure Code, 1973, Section 482 -- Illegal gratification - Delay of 6 years in investigation - Not a ground to quash FIR - Accused whether has been deprived of fair trial on account of protracted investigation has to come on facts - Accused has also to establish that he had no role in the delay...........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Delay of six years in filing charge sheet - Held, that no general proposition of law can be laid down that whenever there is delay on the part of investigating agency in completing the investigation, such a delay can be ground for quashing the FIR - Court is to see if accused has been deprived of fair trial on..........

SUPREME COURT OF INDIA

Year of decision: 2008
Details

Criminal Procedure Code, 1973, Section 407, 409, Indian Penal Code, 1860, Section 302 -- Transfer of a case - Murder case - A number of witnesses including three police officials resiled from their statements made during investigation - Public Prosecution failing to cross examine them - Allegations that witnesses were coerced and threatened - Case transferred - If the..........

SUPREME COURT OF INDIA

Year of decision: 2006
Details

Investigation -- Sketch map not drawn - Investigating Officer did not make any investigation from the point of view of the defence - Investigation is thus not fair...........

SUPREME COURT OF INDIA

Year of decision: 2005
Details

Prevention of Terrorism Act, 2002, Section 49(2)(b) -- Investigation - Extension of time - Notice to accused - No statutory requirement to give notice to accused in any particular form - Fair play and principles of natural justice demand that before granting extension of time to complete investigation, Court must give notice to the accused to oppose the application, if so,..........

MADRAS HIGH COURT

Year of decision: 2005
Details

Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation - Petitioner apprehending that fair and proper investigation will not be done - Petitioners husband found to be dead and petitioner saw bleeding injuries and swelling on different parts of the body - On oral complaint by petitioner case u/s 174 Cr.P.C. registered - Post-mortem report showed no injuries..........

PUNJAB AND HARYANA HIGH COURT

Year of decision: 2004
Details

Criminal Procedure Code, 1973, Section 173, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Trap witness and another independent witness not supporting prosecution - CBI submitted closure report after six years investigation - Special Judge directed CBI to re-investigate - Order set aside as there was no allegation that investigation..........

Showing : 61-70 of 75 Results