Criminal Procedure Code, 1973, Section 154 -- Second FIR - There can be no second FIR and consequently there can be no fresh investigation on receipt of every subsequent information in respect of same cognizable offence or the same occurrence or incident giving rise to one or more cognizable offences - Recourse available with investigating agency in said situation is to..........
Indian Penal Code, 1860, Section 201, 34 -- Offence u/s 201, 34 IPC - Co-accused allegedly mislead the investigating agency by giving false information and creating false evidence - However, no evidence on record that co-accused had knowledge about the commission of any offence and he was convicted simply on the basis of suspicion - More so, once presence of main accused..........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Murder case - Deceased left the house after receiving a telephonic message by `M' but no investigation made by investigating agency about call details relating to phone numbers refereed in FIR itself - Prosecution not enquired anything about person `A' who at the first instance saw dead body and..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to SIT or CBI - Offence u/ss 189, 193, 195, 341, 342 IPC - Petitioner on the one hand made false allegations against SIT (Special Investigation Agency) and on the other hand sought transfer of investigation to SIT - Conduct of petitioner cannot be said to be desirable - Moreover, charge-sheet filed to..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Trap Case - When trap is without verification of demand then it is essential to have truly independent witnesses - In the instant case Panch witness had previously acted as a panch for Anti Corruption Bureau (ACB) on about 3 to 4 occasions - Selecting such a witness casts doubt on the..........
Criminal Procedure Code, 1973, Section 173(8) -- Final report - Court receiving Final Report has no power or authority to direct investigating agency to file charge sheet in the matter...........
Criminal Procedure Code, 1973, Section 156(3) -- Transfer of investigation to CBI - Complaint filed when none of accused was holding a high office - Prior to filing of complaint necessary steps were not taken by petitioners for investigation of alleged offences by local police - Even in the complaint it has not been averred that a honest and fair investigation is not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 167(2), 439, 173(5) -- Bail - In the instant case, charges framed against accused without having chemical examiner`s report - In absence of such report under NDPS Act, it cannot be said as to whether substance recovered from accused was narcotic or not - Moreover, in..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order - Declaring innocent person as proclaimed offenders (P.O) - Petitioner declared innocent by investigating agency itself - Held, conduct of investigating as well as prosecuting agency is highly deprecable, because innocent persons have been declared as proclaimed offenders, compromising with their fundamental..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 650 gms - Non-joining of independent witnesses by prosecution despite availability of independent witnesses - Accused can be convicted on the testimony of police officials if independent witnesses could not be procured despite best efforts made by Investigating Agency - However, in the..........
