Criminal Procedure Code, 1973, Section 173, 190(1)(b), 156(3) -- Magistrate cannot direct Investigating Agency to submit charge sheet against accused...........
Criminal Procedure Code, 1973, Section 173(8) -- Supplementary charge sheet - Leave of Court is not required for submitting supplementary charge sheet, as statue itself has given powers to I.O to submit supplementary charge sheet, if any material is found...........
Criminal Procedure Code, 1973, Section 190(1), 173, 482 -- Cognizance of offence - Quashing of order taking cognizance - Summoning of accused by Magistrate on printed proforma without assigning any reason and taking cognizance on police report filed u/s 173 Cr.P.C is objectionable and deserves to be deprecated - Order taking cognizance quashed...........
Criminal Procedure Code, 1973, Section 190, 173, 482 -- Acceptance of protest petition and treating same as complaint case - Protest petition was filed submitting that investigation was conducted in a arbitrary and clumsy manner and another supplementary protest petition was filed - Protest petition was accepted by Special Judge and treating the same as a complaint -..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - After filing of challan - Magistrate is empowered to order further investigation even after filing of challan...........
Criminal Procedure Code, 1973, Section 173(8) -- Court is not bound to try accused for offences for which police has booked and forwarded accused and if Court finds that from facts and circumstances and allegations some other offence, may be graver in nature, is disclosed then Court can certainly proceed against accused for said offence...........
Criminal Procedure Code, 1973, Section 311, 173(5) -- Summoning of witnesses along with relevant record - Murder case - Witnesses sought to be summoned along with documents in connection with second post mortem of deceased - Although application was filed by Public Prosecutor but it was open for Trial Judge as well to exercise suo moto powers in summoning witnesses, whose..........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Re-investigation - Power of re-investigation is not available to Magistrate and can be exercised only by a superior Court...........
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...........
