Criminal Procedure Code, 1973, Section 173 -- Investigation - Murder case - Charge sheet submitted after investigation - High Court found charge sheet as one sided and biased - Ordered fresh investigation by independent agency - Order of High Court upheld - Held : (a) Fair investigation like fair trial is a constitutional right guaranteed under Articles 20 and 21 of..........
Criminal Procedure Code, 1973, Section 154 -- FIR - It is the first information of a cognizable offence recorded by the officer-in-charge of the police station - Investigation commences with the recording of FIR...........
Criminal Procedure Code, 1973, Section 173, 176 -- Investigation - Two FIRs for single offence - All matters have been filed by persons aggrieved by judgment and order of High Court of Gujarat dated 22.12.2009 in connected cases - Detailed judgment and order has been passed today i.e. on 26.08.2010 in Criminal Appeal No.1599 of 2010 - Issues raised in all these matters..........
Indian Penal Code, 1860, Section 302, 307, Evidence Act, 1872, Section 118 -- Murder and attempt to murder - Reliability of injured child witness - Accused had an altercation with the deceased and he chopped off neck of the deceased with a knife and then assaulted his son with same knife - Omission of names of most of the witnesses examined by the prosecution in FIR not of..........
Civil Procedure Code, 1908, Order 26, Rule 10-A -- Scientific investigation of a document - Application filed after 10 years of filing of written statement - Reason for not filing application immediately after filing written statement not explained - Application with intention to prolong proceedings rightly rejected...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Writ petition - New plea - Pure question of law can be raised at any time of proceedings - Question of fact which requires investigation and inquiry, cannot be allowed to be agitated in a writ petition - High court cannot consider new case on facts or mixed question of fact and law which was not the case of the parties before..........
Faulty investigation -- Not a ground for acquittal of the accused...........
Criminal Procedure Code, 1973, Section 173(3), 173(8), 482 -- Murder case - Charge sheet submitted in the court after the completion of investigation - Case pending trial in the court of Sessions Judge - Father of the accused filed petition in the High Court under Section 482 that investigation was not fair - High Court sought report of DGP about the fairness of..........
Criminal Procedure Code, 1973, Section 173(3), 173(8) -- Further investigation and re-investigation - Distinction - Re-investigation is forbidden in law and no superior court would ordinarily issue such a direction - However, further investigation is permissible under Section 173(8) Cr.P.C...........
Criminal Procedure Code, 1973, Section 173, 190 -- Rejection of protest petition - Complainant filed FIR against accused for offences u/ss 341, 352, 504 IPC - After investigation, final report submitted by police - Complainant filed protest petition against final report - Magistrate by critically analyzing the evidence collected by the Investigating Officer and produced by..........
