Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Final report - Report u/s 173(2) or S.173(8) Cr.P.C cannot by itself is a substitute for legal proof - But, it may be wrong to eschew entire final report in the matter of tortious liability, unless translated the same into legal evidence...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Final report - Tortious liability - It is neither permissible nor advisable to accept final report, unless translated into legal evidence for application of maxim `res ipsa loquitur' or to find out negligence, if any, contributed by any of parties to proceedings to fix tortious liability...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Final report - There is no material difference in legal position regarding probative value of a final report submitted u/s 173(2) or S.173(8) Cr.P.C between criminal law and civil law...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Power of Court u/s 319 Cr.P.C does not create an embargo on powers of an I.O to invoke provision u/s 173(8) Cr.P.C to investigate further into the matter...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Final report - Where there are more than one accused and some of them are absconding, I.O is not expected to wait till absconding accused is arrested so as to proceed with further investigation with regard to his involvement - With available evidence on record, he is at liberty to file a final report..........
Criminal Procedure Code, 1973, Section 173 -- Final report - S.173 Cr.P.C creates no embargo at all in filing of more than one charge sheets or final reports on basis of same investigation...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Final report - Merely because an I.O has filed a police report before Magistrate, he is not precluded from making further investigation in the case and submit a final report or reports to Magistrate regarding additional evidence gathered by him in further investigation - This power would include..........
Indian Penal Code, 1860, Section 302, Criminal Procedure Code, 1973, Section 173 -- Murder - Charge-sheet - Investigation into charge sheet only on the basis of hearsay and speculation - Serious lapse and omissions and cast a serious doubt as toe investigative intent...........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Further investigation - Final report on basis of dying declaration - Plea that dying declaration was manufactured and frivolous and that there was no dying declaration of deceased - This fact not investigated by I.O. - Final report..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Court is not obliged to hear accused before any direction for further investigation is made...........
