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..........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 302, 395, 396, 397, 398, 307, 376(2)(g), 34 -- Further investigation - Murder of five persons, robbery and rape of one lady - Investigation of case is not fair - Prosecution suppressed the material fact from Court - PW8 immediately after incident identified four persons from album of..........
Criminal Procedure Code, 1973, Section 173(2) -- Re-investigation - At the instance of police or investigating agency cannot be ordered...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Invocation of power u/s 173(8) Cr.P.C could only be sought in a context wherein additional evidence either oral or documentary was collected and a report with reference to those was filed before Court...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Can be directed by Magistrate only on request being made by an investigating agency/officer and that too in circumstances wherein additional materials have been collected in evidence to secure fair investigation and trial...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation is sought to be conducted by a competent officer without report on additional evidence collected and that too in respect of an investigation concluded by an investigating officer - Supplementary report proposed to be filed could only be very same report already taken cognizance of by Court below -..........
