Criminal Procedure Code, 1973, Section 167 -- Police remand - Investigating agency neither sought supplementary investigation nor requested police custody of respondents - Public Prosecutor without such a request had no independent authority to seek police remand u/s 167 Cr.P.C...........
Criminal Procedure Code, 1973, Section 167 -- Police remand - Once charge sheet was filed against all accused, it implied that no further custodial interrogation was considered necessary, rendering impugned order of dismissing application for granting police remand for further investigation being perfectly in consonance with law...........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - While deciding application U.O.39.Rr.1, 2 CPC, Civil Court can very well place reliance upon affidavit so also material placed before it which may also include documents pertaining to criminal investigation/case or documents pertaining to revenue records or orders passed by revenue Courts regarding..........
Custody of adopted child -- Child is not adopted from natural parents and one `N' is the person involved in giving child in adoption to petitioner - Crime is registered against said `N', petitioner and his wife - It is a clear case of child trafficking - Case is under investigation - Child is in custody of Child Welfare Committee - Adoption of child by petitioner and his..........
Prevention of Corruption Act, 1988, Section 17 -- Power to investigate - Offences under the Act are also cognizable and can therefore, be investigated by State Police or Vigilance and Anti-Corruption Bureau (VACB) - Only rider is that investigation can be done only by a police officer of rank specified in S.17 of the Act...........
Criminal Procedure Code, 1973, Section 156(3), Prevention of Corruption Act, 1988, Section 19 -- Complaint filed before Special Judge under Prevention of Corruption Act - Direction to police for investigation - Special Judge has no power to order an investigation u/s 156(3) Cr.P.C. - Impugned order set aside - Complainant relegated back to pre cognizance stage -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory bail - Offence under SC/ST Act - Defacto complainant is a known person to accused and therefore, he named assailants by disclosing their name with certainty and therefore, knowledge of caste identity of defacto..........
Service -- Cancellation of appointment - Non-disclosure of pendency of criminal cases - Investigation of case was active against respondent at the time of filling up of forms so also at the time of affidavit - Acquittal/dropping of proceedings against him were subsequent developments - Subsequent acquittal or fact that he attempted to come clean about suppression of facts..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 379, 215 -- Impersonation of surety - Court not made any enquiry nor recorded any prima facie satisfaction and has simply directed police authorities to carry out an investigation and submit a report before Court - Though Court in its discretion could have directed police authorities to investigate the matter and to furnish..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Court at the stage of considering application u/s 482 Cr.P.C. cannot embark upon a roving trial as to reliability, genuineness or otherwise correctness of allegations made in FIR and materials collected during investigation by investigating officer...........
