Criminal Procedure Code, 1973, Section 173, 173(8) -- Charge sheet and supplementary charge sheet - Once there are two reports u/s 173 Cr.P.C, submitted by investigating agency, both reports have to be read conjointly and cumulative effect thereof is to be considered along with documents attached thereto and thereafter Court has to apply its mind to determine whether there..........
Criminal Procedure Code, 1973, Section 173, 173(8) -- Charge sheet and supplementary charge sheet - Court while framing charges, did not consider supplementary challan filed u/s 173(8) Cr.P.C - Order framing charge set aside - Trial Court to pass a fresh order after considering both the reports along with documents produced on file...........
Criminal Procedure Code, 1973, Section 173, 190 -- Acceptance of negative final report and dismissal of protest petition - Dowry death case - Where Magistrate having regard to nature of allegations contained in protest petition and annexure which essentially consisted of affidavits is convinced on basis of consideration of final report, statements u/s 161 Cr.P.C that no..........
Criminal Procedure Code, 1973, Section 173 -- Negative final report - No notice issued by Magistrate to complainant before accepting negative final report - Complainant was thus, not afforded any opportunity to file protest petition against negative final report - Order of Magistrate accepting negative final report is bad in law and thus, set aside - Matter remitted...........
Criminal Procedure Code, 1973, Section 173(8), National Investigation Agency Act, 2008, Section 6(6) -- Further investigation - Addition of serious offences when accused is on bail - New offences under Unlawful Activities Act were added against accused - Central Government order issued in exercise of its power u/s 6(5) of the Act, by entrusting investigation to National..........
Criminal Procedure Code, 1973, Section 173(2)(5)(a) -- Authorization for investigation - Dismissal of application by applying principles of res judicata - Failure to file application or authorization along with charge sheet was an omission constituting procedural lapse only - No impediment in appellant seeking to bring the same on record subsequently u/s 173(2)(5)(a)..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Once Magistrate takes cognizance and discharges accused, Magistrate has no jurisdiction to suo moto direct I.O for further investigation or direct re-investigation and submit the report - However, I.O is at liberty to apply for further investigation even after forwarding report u/s 173(2) Cr.P.C and..........
Criminal Procedure Code, 1973, Section 173(2) -- Final report - Report stating that no offence is made out - Any of the following courses can be adopted by Magistrate : (i) he may accept report which was filed by police in which case proceedings would stand closed; (ii) he may not accept report and may take cognizance in the matter on basis of such final report which was..........
Criminal Procedure Code, 1973, Section 173(2) -- Final report - Police filed final report stating that no offence is made out against accused - Directions issued by Magistrate directing police to file charge sheet is thus, unsustainable...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Connotes investigation of case in continuation of earlier investigation with respect to which charge sheet has already been filed - In case fresh offence is committed during course of earlier investigation, which is distinct from offences being investigated, such fresh offence cannot be investigated..........
