Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Re-investigation - Not permissible that too at behest of a new authority without there being anything on record to have suggested that there is a valid ground for re-investigation...........
Criminal Procedure Code, 1973, Section 173(8) -- Fresh investigation - Transfer of investigation to CBI - S.173(8) Cr.P.C does not prevent Writ Court to transfer investigation to CBI, if Court deems it appropriate to do so in fit circumstances...........
Criminal Procedure Code, 1973, Section 173(8) -- Fresh investigation - Transfer of investigation to CBI - Offence u/ss 304, 34 IPC - Elaborate and meticulous investigation with the help of forensic experts not done in the case - There are several loopholes in the manner of collecting vital evidence in the case - No material taken for ascertaining cause of death - Deceased..........
Criminal Procedure Code, 1973, Section 173(2) -- Final report - Investigation by Central Crime Branch (CCB) - CCB not declared as police station by State - Admittedly, final report filed by CCB which is an investigating agency is not in contemplation with provision of S.173(2) Cr.P.C - Trial Court ought not to have taken cognizance on report submitted by CCB - Order taking..........
Criminal Procedure Code, 1973, Section 173(2) -- Closure report - Murder case - Criminal conspiracy - Investigation and closure report do not contain any material with regard to nature of investigation against accused for conspiracy to arrive at conclusion for insufficiency of evidence against them - Closure report is based on ipse dixit of I.O - Investigation appears to..........
Criminal Procedure Code, 1973, Section 173, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Inquiries and investigation under NDPS Act - Non-applicability of S.173 Cr.P.C. to NDPS Act...........
Criminal Procedure Code, 1973, Section 173, Indian Penal Code, 1860, Section 302 -- Closure report - Murder - Investigation of case remained inconclusive for nearly three long years with investigating agency - It is only when SC ordered that investigation be concluded within 2 months, that suddenly very lengthy investigation closure report is filed - Closure report is..........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Final report - Though final report as such is not a legal evidence, those materials which were collected during course of investigation, when found to be admissible independently apart from final report, can be accepted and acted upon...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Power of Court u/s 319 Cr.P.C does not create an embargo on powers of an I.O to invoke provision u/s 173(8) Cr.P.C to investigate further into the matter...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Final report - Where there are more than one accused and some of them are absconding, I.O is not expected to wait till absconding accused is arrested so as to proceed with further investigation with regard to his involvement - With available evidence on record, he is at liberty to file a final report..........
