Criminal Procedure Code, 1973, Section 156(3), 173(8) -- Application u/s 156(3) Cr.P.C. - Direction to police to register FIR and investigate - Final report submitted - Protest petition filed for rejecting final report - Direction issued to further investigate - Held, Magistrate is well within its right to order further investigation into the matter...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - At behest of third party - An FIR can not be quashed at the behest of third party or at the instance of a person who is not accused - Court cannot interfere with investigation process at the behest of a person whose name does not figure as accused in FIR - Petition dismissed...........
Criminal Procedure Code, 1973, Section 165 -- Investigation - Taking of voice sample - Validity - Held, if an accused person is directed to give his voice sample during the course of investigation of an offence there is no violation of his right u/Art.20(3) of the Constitution - Voice sample is like finger print impression, signature or specimen handwriting of an accused -..........
Identification of Prisoners Act, 1920, Section 2(a), 4, 5, Criminal Procedure Code, 1973, Section 53 -- Taking of voice sample - Power of Magistrate - Held, a Magistrate acting u/s 5 of the Prisoners Act can give a direction to any person to give his voice sample for purposes of any investigation or proceeding under the Code...........
Criminal Procedure Code, 1973, Section 156(3) -- Investigation - Power of Magistrate - Re-exercise of - Held, once the power conferred u/s 156(3) of Cr.P.C. is exercised, same can not be re-exercised after receiving report from Investigating Agency - In present case, subsequent order given by Magistrate for investigation after lodging FIR by same Investigating Agency which..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420 -- Quashing of FIR at initial stage - Criminal breach of trust and cheating - Held, when investigation is in progress Court would not be justified in concluding that there is no material to allow investigation process to continue and/or to quash FIR at this stage and thereby to foreclose..........
Defective investigation -- If the investigating officer leaves glaring loopholes in the investigation, the defence would be fully entitled to exploit the lacunae - In such a situation, it would not be correct for the prosecution to argue that the Court should gloss over the gaps and find the accused person guilty...........
Eye witness -- Investigation left unanswered several questions regarding eye witness - Held, it is difficult to accept that eye witness was present at the place and at the time when victim was attacked...........
Defective investigation -- If there is sufficient evidence to establish the substratum of the prosecution case then irregularities which occur due to remissness of the investigating agency, which do not affect the substratum of the prosecution case, should not weigh with the Court...........
Criminal Procedure Code, 1973, Section 202 -- Accused residing outside jurisdiction of Court - Court failed to carry out an enquiry or ordered investigation as contemplated under the amended section of 202 Cr.P.C. - Held, complaint not to be quashed - Complaint has to be remitted with a direction to Magistrate to pass fresh order following the provision of S.202 of the..........
