Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Investigation of case conducted in perfunctory manner - There was no proper investigation by State investigating agency at the relevant time and even material evidences were also not collected - Mere filing of charge sheet and framing of charges cannot be an impediment in ordering further..........
Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45, 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 of PML Act - Merely because other accused are acquitted, it cannot be a ground not to continue investigation against accused - Order granting anticipatory bail set aside...........
Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45, 3, 4 -- Anticipatory bail - Offence u/ss 3, 4 of PML Act - High Court while granting anticipatory bail to accused has not considered the nature of allegations and seriousness of offences alleged of money laundering - Enquiry/investigation is going on against accused with..........
Indian Penal Code, 1860, Section 498A, 109, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Quashing of FIR - Specific allegations against husband that he made demands of cash and car from wife - Husband used to physically and mentally torture her in connection with demands of dowry - Contention of husband that FIR lodged just to victimize husband and his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time for completing investigation - Special Judge granted extension of 10 days time in favour of prosecution to file challan without recording any specific reasons for further detention of accused beyond period of 180 days - Mandatory requisites as prescribed u/s 36-A(4) of the Act, not..........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 7, 8, 10, 13(1), 19, Indian Penal Code, 1860, Section 468, 471, 120B -- Complaint u/s 156(3) Cr.P.C. against public servant u/ss 7, 11, 13 & 15 of PC Act cannot be forwarded for investigation in the absence of sanction granted by competent authority u/s 19 of P.C. Act...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Criteria for deciding entitlement for default bail is completion of investigation and not filing of final report - Minor defects in final report will not entitle accused to bail - In case final report is returned for completing the investigation and not resubmitted, after curing defects, within stipulated..........
Criminal Procedure Code, 1973, Section 154, 482 -- Second FIR - Cannot be filed on receipt of every subsequent information in respect of same cognizable offence or same occurrence giving rise to one or more cognizable offences - If I.O after investigation after conclusion of investigation comes across any further information pertaining to same incident, he can make further..........
National Investigation Agency Act, 2008, Section 21 -- Appeal - Maintainability - Order framing charge or order altering or refusing to alter charge passed by Special Court under the Act, is an interlocutory order and thus, not appealable u/s 21(1) of the Act - Appeal is not maintainable...........
Arms Act, 1959, Section 25(IB)(a) -- Acquittal - Appellants filed appeal against conviction for the offence u/s 25(IB)(a) of the Act - Held, in case of secret information the investigating agency must join some independent witnesses - There is no plausible reason brought on record by the prosecution that why no independent witness was joined at the time of effecting..........
