Criminal Procedure Code, 1973, Section 173(8) -- Final report - Acceptance of - Further investigation - Held, even after final report is laid before Magistrate and is accepted, it is permissible for investigating agency to carry out further investigation - In other words, there is no bar against conducting further investigation u/s 173(8) Cr.P.C. after final report..........
Criminal Procedure Code, 1973, Section 161 -- Statement of witness - Delay in recording - Held, delay of few hours by itself in recording statement of a witness does not amount to serious infirmity, unless there is material to suggest that investigating agency had deliberately delayed recording of statement in order to afford an opportunity to maker to set up a case of his..........
Consumer Protection Act, 1986, Section 2(1)(f) , 13(1)(c) -- Car - Manufacturing defect - Expert opinion - Attempt made by the manufacturer to get the opinion of Expert or an independent agency thwarted by the respondent/complainant by not handing over the car for taking it to ARAI for inspection - Vehicle still in running condition and covered 1,20,000 kms. in 11 years -..........
Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2), 7 -- Illegal gratification - Illegal detaining of Motor Cycle - Demand of Rs.2000/- for releasing it - Recovery of Rs.2, 000/- from the drawer of accused - Motor Cycle was found in Police station and it was not explained how it came there - There was no motive on part of the raiding party which consisted of two..........
National Small Savings Scheme -- Deposit - Agency - Allotment by State Government - Misappropriation of investors money by agent - The agent who misappropriated the money was an agent of the State Government hence State Government is squarely liable for misappropriation of investor's money by the agent appointed by one of its authorized officers...........
Criminal Procedure Code, 1973, Section 173(2), 173(8), 190 -- Right reserved by Investigating Agency, in the ultimate paragraph of challan, to submit a report with respect to further investigation in due course - Cannot be held that an incomplete charge-sheet has been filed - No ground to quash order taking cognizance and summoning accused and to quash and set aside the..........
Criminal Procedure Code, 1973, Section 156, 165 -- Judicial interference in investigation - Magistrate directed Investigating Officer to add offence of S.307 IPC and investigate matter properly - Direction given by Magistrate set aside - Held, Court cannot direct investigating agency to focus on any particular offence and do investigation accordingly...........
Evidence Act, 1872, Section 9 -- Test identification parade - Do not constitute substantive evidence - They are primarily meant for the purpose of helping the investigating agency...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Power of investigating agency - Held, investigating agency has ample scope to further investigate the case u/s 173(8) of the Code in spite of final form submitted u/s 173(2) of the Code...........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Finding of exoneration recorded by Investigating Agency - Cannot be given priority over the finding recorded by a Judicial Court - Order of trial Magistrate summoning additional accused on the basis of contents of complaint, first information report and also substantive testimony of complainant at trial..........
