Criminal Procedure Code, 1973, Section 87, 170, 173 -- Non-bailable warrants of arrest - Where custody of accused not required during period of investigation, it is appropriate that accused is released on bail as circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail...........
Criminal Procedure Code, 1973, Section 170 -- Filing of charge sheet - No obligation on Officer-in-charge to arrest each and every accused at the time of filing of charge sheet...........
Criminal Procedure Code, 1973, Section 197, Karnataka Police Act, 1963, Section 170 -- Sanction for prosecution - Protection is available only when alleged act done by public servant is reasonably connected with discharge of his official duty and official duty is not merely a cloak for objectionable act...........
Criminal Procedure Code, 1973, Section 197, 482, Karnataka Police Act, 1963, Section 170 -- Police Officer - Sanction for prosecution - Want of sanction - Quashing of proceedings - High Court, holding that sanction for prosecution is legal requirement and remitted the complaint to Magistrate instead of quashing the proceedings - - Impugned order of High Court set aside -..........
Criminal Procedure Code, 1973, Section 170, 173, Indian Penal Code, 1860, Section 174A -- Submission of chase-sheet - Duty of Investigating Officer - Held, while submitting charge-sheet IO has to inform Magistrate whether accused is in jail or on bail or is being forwarded with charge-sheet - If charge-sheet is being submitted after declaring accused as absconder, a case..........
Criminal Procedure Code, 1973, Section 173, 169, 170, 2(h) -- Investigation - Stage of investigation does not end, till a final report as provided u/ss 169 or 170 is filed in accordance with S.173(2) - Even if there is continuation of investigation after forming an original opinion, it is not treated as a further investigation...........
Criminal Procedure Code, 1973, Section 169, 170, 362 -- Discharge of accused - Re-opening of case - Superintendent of Police replaced investigating officer by other police officer to investigate the case - New investigating officer on taking over investigation sought for addition of some more offences to be charged against petitioner - New investigating officer moved Chief..........
Criminal Procedure Code, 1973, Section 170, 173, 190 -- Police submitting report after investigation - Magistrate not agreeing with report and ordered reinvestigation - Police investigating the case again and submitted report - Magistrate cannot order reinvestigation for the third time - If Magistrate does not agree with the opinion formed by the police and still suspects..........
Criminal Procedure Code, 1973, Section 170, 173, 156 -- Cognizable offence - Charge sheet - Can be submitted without arrest of accused - Court cannot return charge sheet on the ground that accused is not produced in custody...........
