Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Quashing of proceedings - While quashing criminal proceedings, High Court embarked upon an enquiry as to reliability and genuineness of evidence collected during investigation as if High Court was conducting mini trial -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Accused in pursuance of orders of High Court joined investigation - Accused alleged not co-operating with the investigation process as amount of money is yet to be recovered but recovery of amount, in case of financial dispute between parties, is not a..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Criminal proceedings, against accused who is charge sheeted after thorough investigation, cannot be quashed merely on the ground that some accused who might have committed the offence are not charge sheeted...........
Indian Penal Code, 1860, Section 224, 225, 332, 353, 392, 307, 302, 120B, Arms Act, 1959, Section 25, 54, 59 -- Attack on police party - police party was escorting four accused from the Central Jail and they were to be produced in Court - They boarded the train when train reached at Railway Station four young boys entered their compartment and attacked police party in..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Evidence recorded by Court during trial is to be accorded primacy and for purpose of exercise of power u/s 319 Cr.P.C, would have to be given weight over material which was collected during course of investigation...........
Criminal Procedure Code, 1973, Section 154 -- Non-registration of FIR by police - Police did not register FIR u/s 154 Cr.P.C, still it ventured to have roving inquiry into various aspects of the matter - In no circumstance, it can be said that police had no material to suspect the foul play and apprehension of commission of cognizable offence - Police however, remained..........
Criminal Procedure Code, 1973, Section 173(8) -- Fresh investigation - Transfer of investigation to CBI - Victim has no specific design behind prayer for referring the matter to CBI, hence same can only be an attempt to ensure discovery of truth, which is ultimate purpose of any investigation and who can do it better than CBI which will have all independence in facts of..........
Criminal Procedure Code, 1973, Section 156 -- Defective investigation - Murder case - Prosecution has succeeded in establishing guilt of accused beyond all reasonable doubt - Accused has not placed any material to show that any prejudice was caused to him for reason of defective investigation - Said defective investigation or latches in the investigation does not go to..........
Criminal Procedure Code, 1973, Section 157 -- Investigation - Mere fact that investigation of case was not conducted by competent authority, such investigation and even filing of charge sheet may not be declared as nullity in the eyes of law in as much as such investigation was completed after recording statement of relevant witnesses and charge sheet was filed, more..........
CBI (Crime) Manual, 2005 -- Para 23.21 - Conversion of preliminary enquiry into regular case - Additional Director CBI recommended conversion of preliminary enquiry into a regular case against certain named officials and persons - Difference of opinion between the Director of CBI and Director of Prosecution CBI, matter was to be referred to the Attorney General - There is..........
