Criminal Procedure Code, 1973, Section 173, 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Supplementary charge sheet - Quashing of - Offence u/s 3(1)(x) of the Act - Supplementary charge sheet filed by police at the instance of National Commission for Scheduled Castes - Ingredients u/s 3(1)(x) of the Act not made out -..........
Criminal Procedure Code, 1973, Section 173(8) -- Supplementary charge sheet - Filling of supplementary challan, one or in multiples - Permissible u/s 173 of Cr.P.C. - First supplementary challan was filed and in that petitioners were not named - Investigating agency has authority to file one more supplementary charge-sheet...........
Criminal Procedure Code, 1973, Section 173, 190 -- Delay in filing of charge-sheet or taking cognizance - Cannot be a circumstance or ground for dismissing complaint...........
Criminal Procedure Code, 1973, Section 173 -- Application for further investigation against wife of deceased by sister of deceased - Murder of father by son - There is no recovery of weapon as recovery of weapon became impossible due to its throwing into river by accused - Earlier statement of accused regarding involvement of other three persons in murder not reliable as..........
Criminal Procedure Code, 1973, Section 2(c), 41(1)(b), 41(1)(b)(a), 157(1), 173(2)(f), 173(2)(g) -- Arrest - Investigating agency is not obliged to arrest accused whenever cognizable offence is registered - Discretion to arrest accused has to be exercised by investigating agency by applying principles laid down in the Code itself...........
Criminal Procedure Code, 1973, Section 173 -- Reinvestigation by transfer of Investigating Agency - Earlier FIR closed by police on the ground that dispute was civil in nature - De facto complainant filed a protest petition against closure report - Pending such protest petition DGP transferred investigation for reinvestigation to CBCID - However, leave of Court not..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Cannot be directed by Magistrate suo moto or on an application filed by complainant or accused, after cognizance has been taken on the basis of police report - Such course is open only on the request of Investigating Agency and that too in circumstances warranting further investigation on the..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Officer in charge of police station, if obtains further evidence oral or documentary, he may conduct further investigation even after filing report u/s 173(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Neither I.O. nor Magistrate has power to conduct or order fresh investigation...........
Criminal Procedure Code, 1973, Section 173(3) -- Further investigation - No report u/s 173(2) Cr.P.C. submitted by police officer in prescribed form - Investigation is not completed but is going on - This is not a case of further investigation or re-investigation - It is a case of initial investigation for which neither information to Magistrate/Court concerned is required..........
