Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Change of investigating officer - In the absence of anything to show that it will cause substantial prejudice or affect the investigation, a change of I.O. in the meanwhile may not be in the interest of justice...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 406, 498A -- Cancellation of bail - Nothing on record to suggest that accused had not co-operated with the investigation or had hampered it in any way - Non recovery of articles is not a valid ground for cancellation of bail - It is to be proved during trial as to how much dowry was given and..........
Criminal Procedure Code, 1973, Section 190, 202, 204 -- Cognizance of offence - Postponement of issuance of process - Non-conduct of inquiry or direction to conduct investigation by Magistrate though accused residing beyond area of his jurisdiction - Order taking cognizance not sustainable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 3 gms heroine - Anomaly in weight of seized articles in between Malkhana register, seizure list, FIR and report of analyst - Not explained by prosecution - Delay in sending article for chemical examination also not explained by prosecution - More so, complainant himself acting as I.O violating..........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Corruption case - Further investigation - Order directing further investigation u/s 156(3) Cr.P.C. - Cannot be passed in absence of valid sanction...........
Prevention of Corruption Act, 1988, Section 13(2), Criminal Procedure Code, 1973, Section 173 -- Offence u/s 13(2) of the Act - Final report quashed on the following grounds: (i) exact nature of alleged misconduct not mentioned in the final report; (ii) persons who procured employment through commission for misconduct by public servants are also particeps criminis, not..........
Criminal Procedure Code, 1973, Section 173 -- Cognizance of offence - Final report - At the time of taking cognizance u/s 190(1)(b) Cr.P.C., Court ought to have applied its mind in the final report - In case of shortcomings, Court is not powerless to order a further investigation, if required or correction or clarification in the final report, if required...........
Indian Penal Code, 1860, Section 459 -- House breaking by night - Defective investigation - Appeal against conviction - Accused acquitted : (i) FIR is highly belated; (ii) Presence of PWs at the spot doubtful: (iii) Site plan prepared by I.O shows that houses of other persons were adjacent to each other, thus it is doubtful as on hue and cry of complainant only two eye..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report by drawing conclusion that no offence is made out and that accused had been falsely implicated - Clearly shows wiping out earlier investigation altogether - S.173(8) cannot be pressed in aid for collecting fresh evidence in the garb of further investigation, which really can be..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - It is continuation of earlier investigation and not a fresh investigation or re-investigation to be started ab initio - Further investigation means collection of additional facts...........
