Criminal Procedure Code, 1973, Section 482 -- Court should not bring investigation to halt by restraining police from collecting evidence...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 506 -- Anticipatory bail - Abetment of suicide - Earlier protection from arrest was granted till submission of police report - Now charge sheet has been filed - Nothing to suggest that accused has not cooperated in the investigation - Anticipatory bail application allowed...........
Criminal Procedure Code, 1973, Section 91 -- Preservation of call details records and tower location - Call details of police officials - No doubt while passing appropriate direction for preserving and production of call details/tower location details u/s 91 Cr.P.C would violate the right of privacy of police officials but right of accused u/art 21 of Constitution in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57, Evidence Act, 1872, Section 25 -- Contraband - Confessional statement - Confession before officers who are invested with powers of investigation u/s 53 of the Act are Police Officers within meaning of S.25 of Evidence Act - Confession before said officers would be barred u/s 25 of Evidence Act and cannot be..........
Criminal Procedure Code, 1973, Section 317 -- Splitting of trials - Presence of some of the accused could not be procured - Order splitting of trial quashed as Magistrate was not satisfied that police have made sufficient efforts to procure the presence of all the accused and secondly further investigation of case has already been ordered...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Seeking formal permission from Court to make further investigation and to inform Court is desirable not mandatory - There cannot be any fetter on power of police to further investigate u/s 173(8) of Cr.P.C...........
Criminal Procedure Code, 1973, Section 162 -- Statement u/s 162 Cr.P.C. made by a person to a police officer in the course of any investigation under Chapter XII Cr.P.C, which is reduced to writing, is not required to be signed by person making such statement...........
Indian Penal Code, 1860, Section 498A, 294, 323, 506, Dowry Prohibition Act, 1961, Section 3, 4, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Demand of dowry - Quashing of FIR - Specific overt acts are alleged against all the accused - Investigation is yet to be completed by police - Defence of accused thus, cannot be considered in present petition for quashing..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - District Police Chief cannot order further investigation, as said power rests either with concerned Magistrate or with a higher Court and not with an investigating agency...........
Criminal Procedure Code, 1973, Section 173(2), 173(8), 158 -- Re-investigation/further investigation - S.173(3) r/w S.158 Cr.P.C does not permit Secretary (Home) to order for further investigation/reinvestigation by another agency, other than Officer in charge of concerned Police Station and/or his superior officer...........
