Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Invocation of power u/s 173(8) Cr.P.C could only be sought in a context wherein additional evidence either oral or documentary was collected and a report with reference to those was filed before Court...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation is sought to be conducted by a competent officer without report on additional evidence collected and that too in respect of an investigation concluded by an investigating officer - Supplementary report proposed to be filed could only be very same report already taken cognizance of by Court below -..........
Criminal Procedure Code, 1973, Section 173(8) -- Direction for further investigation for third time - Four cancellation reports submitted by police - Court directed further investigation without recording any reason or without taking any document/evidence from complainant - There is no application of judicial mind except reasoning that complainant was not agreeing with..........
Indian Penal Code, 1860, Section 409, Criminal Procedure Code, 1973, Section 173(8), Haryana Civil Services (Punishment and Appeal) Rules, 1987, Rule 8, Haryana Panchayati Raj Act, 1994, Section 53, Constitution of India, 1950, Article 243 -- Misappropriation of funds - Disciplinary proceedings - Interpretation of `misconduct' committed by Sarpanch or a Panch is to be seen..........
Criminal Procedure Code, 1973, Section 173(8) -- Supplementary challan - Without prior permission of Court - No objection taken when report was submitted - Once trial Court accepted report and two of PWs were examined in pursuance to supplementary challan and prosecution closed its evidence, objection regarding prior permission of Court not taken before submitting..........
Criminal Procedure Code, 1973, Section 173(8) -- Supplementary challan - Investigating agency itself submitted report u/s 173(8) Cr.P.C, which is neither on an application filed by complainant before trial Court nor in exercise of suo moto power of trial Court, therefore, investigating agency has authority to do so - Supplementary charge sheet held, cannot be quashed...........
Criminal Procedure Code, 1973, Section 173 -- Charge sheet - When charge sheet is filed before Court/Magistrate without arresting accused, despite rejection of his anticipatory bail application by High Court, it is not open to Court to examine where exercise of discretion by I.O not to arrest accused despite rejection of his anticipatory bail application by High Court has..........
Criminal Procedure Code, 1973, Section 173 -- Second inquiry - Permissibility - Multiple inquiries deprecated and should not be resorted to - However, since in the present case matter was inquired into once, there is no absolute bar on getting the matter inquired into second time - Senior Superintendent of Police directed to look into matter and to ensure that a final..........
Criminal Procedure Code, 1973, Section 154, 156, 157, 173(2), 195, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - Cognizable Offence - FIR - Police Officer is not entitled to proceed u/Ss.154, 156, 157 of Cr.P.C - Offence being cognizable by itself, does not enable Police Officer to register an FIR for an offence u/S.188..........
Criminal Procedure Code, 1973, Section 173(2), 195, Indian Penal Code, 1860, Section 188, 21 -- Disobedience to order duly promulgated by public servant - Public Servant - Plea that Final Report filed before Court u/S.173(2) Cr.P.C., must be constructed as complaint u/s.195 is not sustainable - Words used u/S.188 IPC "public servant lawfully empowered" and word used..........
