Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 173, 197 -- Further investigation - Special Judge, while ordering further investigation, is not empowered to direct investigating agency to obtain sanction u/s 19 of the Act of 1988 to prosecute the accused...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Power of Magistrate to order further investigation u/s 173(8) Cr.P.C is not taken away only because cognizance has already been taken of an offence...........
Criminal Procedure Code, 1973, Section 173 -- Re-investigation by different agency - No other Court except the Superior/Constitutional Courts is vested with the powers to order reinvestigation or transfer investigation of a case from one agency to another, to secure the ends of justice - In the instant case order passed by Magistrate is without jurisdiction to order..........
Criminal Procedure Code, 1973, Section 482, 173(8) -- Further investigation - High Court in its inherent powers can direct further investigation or even re-investigation, where High Court feels that investigation is not in proper direction and to do complete justice where facts of law so demand - Provision of S.173(8) Cr.P.C do not limit or affect such powers of High Court..........
Criminal Procedure Code, 1973, Section 482, 173(8), Indian Penal Code, 1860, Section 420, 409, 467, 468 -- Further investigation - Offence u/ss 420, 409, 467, 468 IPC - Allegation of defalcation of goods and misappropriation of stocks from godown of Corporation - Case is of exceptional and special features where High Court was justified in ordering further investigation..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Application for further investigation is maintainable even after commencement of trial...........
Criminal Procedure Code, 1973, Section 173(8), 397 -- Further investigation - Dismissal of application filed by prosecution - Revision by de facto complainant is maintainable...........
Criminal Procedure Code, 1973, Section 173 -- Cancellation report - Magistrate while rejecting cancellation report has not recorded any reasons - Impugned order is totally non-speaking and thus, quashed - Matter remanded back to Magistrate to decide the matter afresh in accordance with law...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation carried out - Irrespective of its outcome, investigation report is required to be placed before Magistrate...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Cognizable offence - Police Officer can suo motu make further investigations in cognizable cases...........
