Criminal Procedure Code, 1973, Section 156, 173(8) -- Transfer of investigation to CBI - Illegal manufacture and sale of Gutka and Pan Masala - Accused named in FIR, has no right to be heard at the stage of investigation or to have an opportunity of hearing as a matter of course - Mere fact that accused was not impleaded as a party in writ petition or for that matter was..........
Criminal Procedure Code, 1973, Section 156, 173(8) -- Transfer of investigation to CBI - Illegal manufacture and sale of Gutka and Pan Masala - High Court transferred investigation to CBI after due consideration of all relevant aspects - Transfer of investigation to CBI does not depend on inadequacy of inquiry/investigation carried out by State police - Since nature of..........
Criminal Procedure Code, 1973, Section 156, 173(8) -- Transfer of investigation to CBI - Petition filed by member of legislative assembly as Public Interest Litigation - Cannot be brushed aside on the allegation of political vendetta, if otherwise, it is genuine and raises a reasonable apprehension of likelihood of bias in dispensation of criminal justice system...........
Criminal Procedure Code, 1973, Section 190, 173 -- Charge-sheet and supplementary charge-sheet to be considered before passing summoning order...........
Criminal Procedure Code, 1973, Section 173(8) -- Documents - Prosecution with permission of Court can file documents which were available even prior to filing of final report but due to inadvertence could not be produced at that time - Accused has every right to raise objection as to admissibility of document in evidence at the time of marking the document...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Return of case diary - After submission of charge-sheet/final report before concerned Magistrate or even after cognizance is taken against an accused by concerned Magistrate and after appearance of accused before it, investigating agency can request Magistrate to return case file for further..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Return of case diary - Rape case - Two applications filed one on behalf of respondent and other by Deputy Superintendent of Police - However, in said applications there is no mention that any material evidence was detected after filing First Report - There is thus, no justification in sending matter..........
Criminal Procedure Code, 1973, Section 156, 173(6) -- Re-investigation or further investigation - Only allegation against I.O is that he did not investigate the case in accordance with law and did not give importance to statement of witnesses on record - No allegation of unfairness in investigation - In absence of any allegation of unfairness in investigation against I.O,..........
Criminal Procedure Code, 1973, Section 173(6) -- Further investigation - Magistrate has power to direct further investigation only after filing of police report in terms of S.173(6) Cr.P.C. - Magistrate has no power to direct re-investigation or fresh or de novo investigation which falls in domain of superior Courts that too in exceptional cases...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - It is continuation of earlier investigation which culminates in further police report u/s 173(8) - It necessarily means that any further investigation can be made only by investigation agency which was earlier entrusted with investigation by State Government...........
