Showing : 1-10 of 297 Results

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 - 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..........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 143, 147, 148, 427, 149, Prevention Of Damage to Public Property Act, 1984, Section 3(2)-- Bail - Violence in the campus - Damage to public and private properties - Total loss tentatively calculated by I.O. as Rs.2,55,000/- - Five persons arrayed as accused - Applicants in custody since 6.10.2018 and investigation has substantially progress and no purpose would be served by keeping them..........
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..........
DELHI HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 354, 376, Criminal Procedure Code, 1973, Section 439-- Bail - Outraging modesty of women - Rape - FSL report showed no semen or male DNA in sample taken - Nothing amiss found in investigation - Whether the offence relates to one punishable u/s 376 or 354, IPC will be determined on prosecutrix being examined before trial Court who is sole witness to..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 391-- Additional evidence - No corroboration to the statement of PW3 inspite of corroboration evidence being available - Conviction of accused on the existing evidence may not be justified - It is a fit case for directing additional evidence to be recorded on the basis of further investigation to be..........
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...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(8)-- Further investigation - Post cognizance stage - Court cannot direct I.O to conduct further investigation at the request of accused at post-cognizance stage...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of poppy husk - Search and seizure - PW1 stated that sample seal chits were prepared at the spot - However, no such document was proved or exhibited before trial Court - Prosecution further failed to prove and place on record either Form No.29 or relevant entry in register no.19 showing..........

Showing : 1-10 of 297 Results