Criminal Procedure Code, 1973, Section 173(8), 482, Indian Penal Code, 1860, Section 409 -- Further investigation - Exercise of power by High Court - Held, simply because a person has a grievance that his first information report was not lodged or after registration of first information report, proper investigation was not done or even if investigation was done but accused..........
Criminal Procedure Code, 1973, Section 173 -- Charge sheet filed - Question as to whether charge sheet is complete or not - Reference made to Page 26 of the charge sheet wherein it is mentioned that 'further investigation was still going on....' - By reading one line it cannot be held that investigation is incomplete - Reading charge sheet as a whole, it could be seen that..........
Criminal Procedure Code, 1973, Section 482, 173(8), Indian Penal Code, 1860, Section 504 -- Further investigation - Power of Court - Exercise of - Held, prospective accused has no locus standi to challenge a direction for further investigation before cognizance or issuance of process against him and the police has statutory right to investigate the case - There is no..........
Indian Penal Code, 1860, Section 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, Criminal Procedure Code, 1973, Section 195(1) -- Offence if covered u/ss 172 to 188 IPC then police has no power to register and investigate the case without prior permission of concerned Magistrate...........
Criminal Procedure Code, 1973, Section 173 -- Second charge sheet for the same offence - Second charge sheet by improving the fact that one person died on the spot - At the time of filing of first charge sheet respondent was aware about the death occurring out of accident - Main charges the same - State to consider dropping of the second charge sheet...........
Criminal Procedure Code, 1973, Section 173(8) -- Supreme Court is competent to entrust investigation to any independent agency - Once the investigating agency submits the report then it is the Court in which the charge sheet is filed which is to deal with all matters relating to the trial of the accused including matters falling with the scope of S.173(8) Cr.P.C...........
Criminal Procedure Code, 1973, Section 173(2)(i) -- Police report submitted to Magistrate - If Magistrate decides not to take cognizance of the offence and to drop the proceedings or takes a view that there is no sufficient ground for proceeding against some of the persons mentioned in the FIR then Magistrate must give notice to the informant and provide him an opportunity..........
Criminal Procedure Code, 1973, Section 173 -- Police report - Further investigation - Even where charge-sheet has been filed by police u/s 173(2) police can undertake further investigation but not fresh investigation or re-investigation in respect of an offence u/s 173(8) of Cr.P.C...........
Criminal Procedure Code, 1973, Section 482,173(8) -- Fresh investigation - Re-investigation - Inherent powers of High Court - S.173(8) Cr.P.C. do not limit or affect the inherent powers of High Court to order fresh investigation or re-investigation if High Court is satisfied that such fresh investigation or re-investigation is necessary to secure the ends of justice...........
Criminal Procedure Code, 1973, Section 173 -- Charge sheet filed - Non appearance of accused - Forfeiture of bail bond - Can only be when accused does not appear despite service of notice of presentation of charge sheet served either by I.O. or by Court...........
