Criminal Procedure Code, 1973, Section 173 -- Investigation - Murder case - Charge sheet submitted after investigation - High Court found charge sheet as one sided and biased - Ordered fresh investigation by independent agency - Order of High Court upheld - Held : (a) Fair investigation like fair trial is a constitutional right guaranteed under Articles 20 and 21 of..........
Criminal Procedure Code, 1973, Section 154 -- FIR - It is the first information of a cognizable offence recorded by the officer-in-charge of the police station - Investigation commences with the recording of FIR...........
Criminal Procedure Code, 1973, Section 173, 190 -- Rejection of protest petition - Complainant filed FIR against accused for offences u/ss 341, 352, 504 IPC - After investigation, final report submitted by police - Complainant filed protest petition against final report - Magistrate by critically analyzing the evidence collected by the Investigating Officer and produced by..........
Criminal Procedure Code, 1973, Section 319 -- Additional accused - Summoning - Investigating Officer submitted charge sheet recommending trial against accused - No incriminating material collected by investigating officer against petitioners in the course of investigation - Trial yet to commence against any of the accused including those who were charge sheeted -..........
Criminal Procedure Code, 1973, Section 156(3) -- Prima facie cognizable offence made out - Not so mentioned while referring complaint to police for investigation - However, substance of allegations made in the application narrated in the order - Substance so narrated indicate commission of offence - Held, Magistrate was well within his authority to order investigation by..........
Criminal Procedure Code, 1973, Section 156(3) -- Referring complaint to police for investigation - Prospective accused has no right to challenge an order passed by Magistrate u/s 156(3) Cr.P.C. directing the registration of FIR and investigation...........
Criminal Procedure Code, 1973, Section 156(3) -- Referring complaint to police for investigation - Order challenged on ground of territorial jurisdiction - Incident took place within the jurisdiction of Magistrate - Held, it cannot be said that Magistrate lacked territorial jurisdiction...........
Criminal Procedure Code, 1973, Section 156(3) -- Referring complaint to police for investigation - Allegations of demand of dowry, harassment by husband and his family members, beating etc. - Also mention of injury report - Clearly indicate commission of offence - Magistrate well within his authority to order investigation by police...........
Criminal Procedure Code, 1973, Section 173 -- Further investigation - Offence u/ss 420, 408, 120-B and 34 of IPC - Accused summoned as additional accused u/s 319 Cr.P.C. - Accused took plea that norms acquired for impleading an outsider as accused u/s 319 of Cr.P.C. neither complied with nor scrutiny of material placed showed that investigation by police was comprehensive..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Police is empowered u/s S.173(8) Cr.P.C. to make further investigation but, it does not debar a Magistrate to direct further investigation if Magistrate finds that earlier report submitted by police was on the basis of investigation, which was perfunctory and designedly defective...........
