Criminal Procedure Code, 1973, Section 173(8) -- Ten out of six accused discharged - De facto complainant submitting application for reinvestigation - Order passed for reinvestigation - Held, Magistrate has no jurisdiction to order reinvestigation on application of de facto complainant - Magistrate has no jurisdiction to entertain such an application by de facto..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Permissible even after taking of cognizance by the Magistrate...........
Criminal Procedure Code, 1973, Section 173(8) -- Final report - Acceptance of - Further investigation - Held, even after final report is laid before Magistrate and is accepted, it is permissible for investigating agency to carry out further investigation - In other words, there is no bar against conducting further investigation u/s 173(8) Cr.P.C. after final report..........
Criminal Procedure Code, 1973, Section 300, 173(8) -- Further investigation - Double jeopardy - Held, further investigation is merely a continuation of earlier investigation, hence it cannot be said that accused are being subjected to investigation twice over - Moreover investigation cannot be put at par with prosecution and punishment so as to fall within the ambit of cl...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Application for - Held, there is nothing in the Code of Criminal Procedure, 1973, to suggest that Court is obliged to hear accused while considering an application for further investigation u/s 173(8) of the Code...........
Criminal Procedure Code, 1973, Section 173 -..........
Criminal Procedure Code, 1973, Section 173(8) -- Cognizance taken - Further investigation - Held, further investigation can be directed even when cognizance has been taken and material collected during such investigation has to be brought to the notice of court concerned...........
Criminal Procedure Code, 1973, Section 173(2) -- Report u/s 173(2) - Informant is entitled to a notice and an opportunity of hearing at the time of consideration of the report...........
Criminal Procedure Code, 1973, Section 173(2) -- Report u/s 173(2) Cr.P.C. - Magistrate when decides not to take cognizance 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, notice to informant and grant of opportunity of being heard in the matter becomes mandatory...........
Criminal Procedure Code, 1973, Section 173(2), 173(8), 190 -- Right reserved by Investigating Agency, in the ultimate paragraph of challan, to submit a report with respect to further investigation in due course - Cannot be held that an incomplete charge-sheet has been filed - No ground to quash order taking cognizance and summoning accused and to quash and set aside the..........
