Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 417, 465, 468, 471 -- Further investigation - Compliant for offence u/ss 417, 465, 468, 471 IPC - Application for further investigation filed in order to frame charges u/ss 497, 498, 306 IPC - Allegations in the complaint were investigated from all angles and charges already farmed against..........
Criminal Procedure Code, 1973, Section 200, 202, 173(2) -- Cognizance of offence - Once cognizance of offence in complaint case is taken then fresh cognizance on basis of police report submitted u/s 173(2) Cr.P.C. cannot be taken...........
Criminal Procedure Code, 1973, Section 173 -- Two different theories involving two sets of accused - If first theory is believed to be true than accused involved in second theory get absolved and if second theory is believed then accused involved in first theory get absolved - Directions issued to Police in Gujarat State to see that henceforth no final report of any crime..........
Criminal Procedure Code, 1973, Section 482, 173(5) -- Quashing of proceedings - Police report - Documents do not form part of police report cannot be looked into by High Court in exercise of inherent jurisdiction to quash criminal proceeding - However, in rare cases, High Court in the interest of justice may look into unimpeachable documents of sterling quality which may..........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Reinvestigation - Prohibited by law and is beyond jurisdictional competence of police as well as subordinate Courts and trial commenced on basis of such reinvestigation is also illegal and nullity...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Reinvestigation - Can only be ordered by constitutional Court in exercise of inherent or constitutional power in exceptional and rare cases...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation or re-investigation - De facto complainant has not been put on notice of final report filed in the case on completion of investigation - He thus, had a right to file a protest petition and seek further investigation - Mere technical error of mentioning re-investigation in protest petition, cannot take..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Magistrate has no power to order further investigation on application moved by accused - Application rightly dismissed...........
Criminal Procedure Code, 1973, Section 173(2), Kerala Anti Social Activities (Prevention) Act, 2007, Section 2(o), 3 -- Preventive detention - Subjective satisfaction - Police classifying detenu as `known goonda' after registration of various cases - However, such subjective satisfaction must be recorded by detaining Authority after examining final report of I.O. along..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Court while exercising power u/s 173(8) Cr.P.C., should not interfere with statutory power of investigating agency by directing it to investigate the case from a particular angle or by a particular agency...........
