Criminal Procedure Code, 1973, Section 173 -- New trial - Improper evidence or rejection of evidence - Not a ground for new trial or reversal of any decision in any case, if it shall appear to Court before which such objection is raised that independently of evidence objected to and admitted, there was sufficient evidence to justify decision or that if rejected evidence..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Cannot be claimed as a matter of right either by informant or accused - Court can give direction commanding further investigation by I.O u/s 173(8) Cr.P.C., after charge sheet is filed...........
Criminal Procedure Code, 1973, Section 173(8), Indian Penal Code, 1860, Section 377, 511, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Further investigation - Narco-Analysis/Brain Mapping Test - Unnatural offence - Evidence recorded in course of Narco Analysis Test is not admissible evidence and it will be hazardous situation to permit any accused to..........
Criminal Procedure Code, 1973, Section 190(1)(b), 173(2), (8), Indian Penal Code, 1860, Section 420, 467, 468, 471, 431, 432, 120B -- Cognizance of offence by Magistrate - Police report - Further investigation - Even after submission of report, investigating agency may continue investigation and may submit supplemental report, as law does not mandate taking of prior..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Power of Magistrate to permit police to further investigate the case - It is an independent power and exercise of said power shall not amount to varying, modifying or cancelling the earlier order of Magistrate on the report of police, notwithstanding the fact whether said earlier order is a judicial..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - After cognizance has been taken on police report - Can be exercised by Magistrate only on a request made by investigating agency and not at the instance of anyone other than investigating agency or suo moto - Even such power can be exercised by Magistrate before accepting negative police report..........
Criminal Procedure Code, 1973, Section 173 -- Direction to police to present challan - Validity - Cancellation report by police - No Court has got jurisdiction to issue direction to investigating agency to present challan against accused, unless and until, patent malafide or violation of any statutory provision is established to satisfaction of Court...........
Criminal Procedure Code, 1973, Section 173, Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Presiding Officer of Mega Lok Adalat taking into consideration cancellation report filed by police and accepted protest petition of complainant and directed police to present challan - Said approach is not permissible under law - Order passed by presiding..........
Criminal Procedure Code, 1973, Section 173 -- Charge sheet - It is the foundation upon which Court can take cognizance - Edifice of trial rests upon this foundation but result does not - Edifice may stand or it may crumble down - It depends upon outcome or conclusion of trial...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - When power u/s 173(8) Cr.P.C., is exercised, Court ordinarily should not interfere with statutory powers of investigating agency - Court cannot issue directions to investigate the case from a particular angle or by a particular agency...........
