Criminal Procedure Code, 1973, Section 173(2) -- Police report - Police may submit one or more police report - Though submission of one police report is always desirable...........
Motor Vehicles Act, 1988, Section 166, 168, 173, Civil Procedure Code, 1908, Order 1, Rule 10 -- Motor Vehicle accident - Claim petition - Dismissal on ground that true owner of offending vehicle is not impleaded, without recording any finding as to ownership of vehicle - Held, not sustainable - When Tribunal can implead any person who ought to have been impleaded and..........
Criminal Procedure Code, 1973, Section 173 -- Reference of investigation to CBI - Charge sheet submitted for the offences indictable u/ss 498-A, 304-B and 306 IPC - Writ petition seeking reference of investigation to CBI on the plea that all the accused have not been charge sheeted and the investigation conducted was tardy - Held, though Court is vested with the power to..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 173(2), 156(3), 200 -- Police submitted closure report after investigation - Magistrate accepted the closure report - Complainant filed fresh complaint with Magistrate and sought investigation under Section 156(3) CrPC - Magistrate treated the complaint under Section 200 CrPC and ordered enquiry..........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Investigating agency submitting final report to Magistrate under Section 173(2) - Police can still conduct further investigation in respect of an offence under section 173(8) Cr.P.C...........
Criminal Procedure Code, 1973, Section 173, 190, 202, 204 -- Cognizance taken on protect petition after acceptance of final report - Contrary to provisions of law - Order of Sessions Judge, upholding such order of Magistrate also contrary to law - Impugned order set aside - Case remanded for decision afresh...........
Criminal Procedure Code, 1973, Section 173(8) -- Accused has no right to be heard in the matter of investigation or further investigation...........
Motor Vehicles Act, 1988, Section 149(2)(a)(ii), 173, Civil Procedure Code, 1908, Order 41, Rule 27 -- Death in motor accident - Liability of insurer - Driver of the offending vehicle not having valid driving license - Insurance Company exonerated - Appeal in High Court - Owner and driver of the offending vehicle sought to produce additional evidence, by tendering valid..........
Criminal Procedure Code, 1973, Section 190, 173, 482 -- Non filing of charge sheet - Bail application filed - Police in hurry submitted charge sheet but kept investigation pending - Basis of charge sheet was audit report - Audit report based on probabilities and suppositions - Magistrate took cognizance on basis of such incomplete report - Order taking cognizance quashed...........
Constitution of India, 1950, Article 32, Criminal Procedure Code, 1973, Section 173(8) -- Investigation can be handed over to CBI even after filing of the charge sheet...........
