Criminal Procedure Code, 1973, Section 397,401, Prevention of Corruption Act, 1988, Section 19(3)(c) -- Case registered against petitioner, a public servant, under Corruption Act of possessing assets disproportionate to his known sources of income - Investigating agency submitted charge sheet after completion of investigation - Revision filed against order framing charge -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 363, 366, 366A, 506, 120B -- Investigation by independent agency - Petition u/s 482 CrPC for issuing directions to respondent Nos.1 to 5 to conduct fair investigation and to arrest accused-respondents No.6 to 10 or to hand over the investigation to CBI or any other independent agency - Restricted..........
Criminal Procedure Code, 1973, Section 160,82 -- Proclamation - Petitioner avoiding process of investigating agency and the Court despite opportunities being given to him - Court can proceed to issue proclamation u/s 82 of the Code - Non bailable warrants being sine qua non for the issuance of action under S.82, it is thus essential to issue non bailable warrants...........
Criminal Procedure Code, 1973, Section 167(2)(ii), 439, Prevention of Corruption Act, 1988, Section 7, 13(2) -- Bail - Illegal gratification - Bail sought on the ground that charge sheet not submitted by investigating agency within stipulated period of 60 days as envisaged u/s 167(2)(ii) of Cr.P.C. - Bail granted...........
Indian Penal Code, 1860, Section 323, 324, 34 -- Voluntarily causing hurt with common intention - Beating with sticks - Agricultural land main cause of dispute - Police neither got the land in dispute demarcated nor obtained revenue papers - Accused claimed that civil litigation pending and that they had obtained stay - Fact of litigation admitted by complainant - Accused..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation as distinguished from reinvestigation - New facts coming to light - After submission of police report on completion of investigation, police has a right, to 'further' investigation but not 'fresh investigation' or 'reinvestigation' - 'Further' investigation, is continuation of the earlier investigation..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Recovery of contraband - FSL report - It is not sufficient for FSL merely to record that 'the seals of the samples tallied with the impressions of the seals sent by the investigating agency' - Such a statement cannot be taken as a gospel truth until and unless the impression of seals is shown in the FSL..........
Evidence Act, 1872, Section 9 -- TIP - Holding of - None of the eye-witnesses describe appellant either in their statement recorded u/s 161 Cr.P.C. or prior to holding of T.I. Parade before Magistrate - In T.I. Parade there is nothing to show that persons of similar description i.e., complexion or age were mixed with appellant - Even in T.I. Parade, witnesses have not..........
Criminal trial -- Omission, committed by investigating agency, does not come to the rescue of the accused...........
Investigation -- Deficiency in investigation by way of omissions and lapses on the part of investigating agency cannot in themselves justify a total rejection of prosecution case...........
