Criminal Procedure Code, 1973, Section 173(8) -- Further investigation or re-investigation - De facto complainant has not been put on notice of final report filed in the case on completion of investigation - He thus, had a right to file a protest petition and seek further investigation - Mere technical error of mentioning re-investigation in protest petition, cannot take..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Quashing of summoning order - Illegal gratification - Investigating agency found no evidence against petitioners and charge sheet/closure report was filed - Court without ordering further investigation cannot take cognizance against petitioners by appreciating..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 342, 323, 120B -- Bail - Offence u/s 363, 366, 342, 323, 120-B IPC - Petitioner participated in the process of investigation - Co-accused already released on bail - Status report on record reveals that no recovery etc., is to be effected from petitioner - Bail granted to petitioner with..........
Criminal Procedure Code, 1973, Section 173(2), Kerala Anti Social Activities (Prevention) Act, 2007, Section 2(o), 3 -- Preventive detention - Subjective satisfaction - Police classifying detenu as `known goonda' after registration of various cases - However, such subjective satisfaction must be recorded by detaining Authority after examining final report of I.O. along..........
Criminal Procedure Code, 1973, Section 210 -- Complaint case and police case in respect of the same offence - At the time of filing complaint, no investigation was pending before police as police has already submitted the final report u/s 173 Cr.P.C. - Held, provision of S.210 Cr.P.C. is not applicable...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time to file charge sheet - Submission of a valid report of Public Prosecutor indicating progress of investigation and disclosing specific reasons for extension of period of detention is a sine qua non for extension of period of detention u/s..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Injury on head of complainant not attributed to petitioner - As per x-ray report of skull, no fracture was seen - This apart other injury on the neck of complainant attributed to elder brother of petitioner and he has been declared innocent during investigation - Once main accused to whom injury on neck was..........
Criminal Procedure Code, 1973, Section 156 -- Failure in investigation - Transfer of investigation to CBI - Murder of popular personality on streets of industrial town - Investigating agency could not bring identity of assailants not only exposes its inefficiencies but also deals a severe blow to upholding rule of law - Therefore, to instill confidence in mind of society..........
Criminal Procedure Code, 1973, Section 190(1)(b), 173(2), (8), Indian Penal Code, 1860, Section 420, 467, 468, 471, 431, 432, 120B -- Cognizance of offence by Magistrate - Police report - Further investigation - Even after submission of report, investigating agency may continue investigation and may submit supplemental report, as law does not mandate taking of prior..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Power of Magistrate to permit police to further investigate the case - It is an independent power and exercise of said power shall not amount to varying, modifying or cancelling the earlier order of Magistrate on the report of police, notwithstanding the fact whether said earlier order is a judicial..........
