Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Two reports u/ss 173(2), 173(8) Cr.P.C. contradictory in nature - There will be no question of dropping the case or treating the case as closed by the committal court - Powers of committal Court are limited in respect of the committal of a case - At the time of framing of charge, first and second reports can be..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation is the prerogative of police, prior permission of the Court is only a formality or courtesy...........
Criminal Procedure Code, 1973, Section 173(8) -- Reinvestigation - Communal violence - 827 cases of communal violence registered - Final form submitted in all 827 cases - In 315 cases either no offence was found to have been made out or offenders could not be detected - State could do well in looking into all these 315 cases - At this length of time, when final form has..........
Criminal Procedure Code, 1973, Section 173 -- Once - charge sheet/final report is accepted by Court below treating accused as `accused persons not sent up for trial' their continuance as accused persons in the case does not arise...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - A person who is stranger or a witness cannot step into the shoes of de facto complainant, or trial Court, or SHO to demand further investigation u/s 173(8) Cr.P.C...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - De facto complainant at the instance of whom crime was registered, can file an application for further investigation...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Court can suo motu order further investigation - Officer in charge of police station is empowered to conduct further investigating after informing Court and seeking formal permission - Formal permission of Court is only for the purpose that matter pending before Court is stayed till further final..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Power of Police Officer u/s 173(8) Cr.P.C. is unrestricted - Magistrate has no power to interfere but it would be appropriate on the part of I.O to inform the Court...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Transfer of investigation to CBI - Offence u/ss 363, 365, 376(2)G, 506, 201, 120-B IPC - Defective investigation conducted by ASI of Police - Concerned ASI reverted to the post of Head Constable - Certain witnesses have not been examined by investigating agency without any reason - Reasoning of High..........
Criminal Procedure Code, 1973, Section 173 -- Negative final report by police - FIR u/ss 366-A, 376-G, 342 IPC - Special judge accepted negative final report without serving notices on complainant and without providing her any opportunity of hearing - Impugned order of Special Judge cannot be sustained as being totally against settled principles of law and thus set aside -..........
