Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - It is continuation of earlier investigation which culminates in further police report u/s 173(8) - It necessarily means that any further investigation can be made only by investigation agency which was earlier entrusted with investigation by State Government...........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Fresh investigation - Where investigation is ex-facie unfair, tainted, malafide and smacks of foul play, Superior Courts would direct a fresh or de novo investigation, even by another independent investigating agency if ends of justice so demand - This is a power of wide plenitude and..........
Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 226 -- Investigation - Power of Superior Courts to transfer the case - Superior Courts have jurisdiction to direct fresh or de novo and reinvestigation by passing definite orders regarding the same - Superior courts are also vested with the power of transferring investigation from one agency..........
Criminal Procedure Code, 1973, Section 173 -- Court monitoring investigation - Court monitoring would help in moving machinery of inquiry/investigation at an appropriate pace and its conclusion with utmost expedition without fear or favour - Expression `Court monitored' has sometimes been interchangeably used with `Court supervised investigation' - Once court supervises an..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Complaint u/s 138 of N.I Act - Dismissed in default - Acquittal of accused - Complainant and his counsel remained absent on two adjourned dates - It is not a case of a complainant not desirous to proceed with the matter nor has he consistently remained absent despite best of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 65 -- Dishonour of cheque - Summons - Notice of appeal not accepted by accused - All possible tactics are adopted by accused to delay the matter by avoiding services - Exercise of power u/s 65 Cr.P.C which necessitates direction from Court to affix notice/summons on address of accused,..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, 467, 471, 34 -- Quashing of FIR - Compromise between parties - Complainant stated that he has no objection if proceedings are quashed - Even, matter is settled by complainant out of his free will - Moreover, where proceedings are still at..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of order taking cognizance - Offence u/ss 406, 498A, 384 IPC - Admittedly, marriage between parties have been dissolved u/s 13-B Hindu Marriage Act - Continuation of proceedings against petitioners despite the fact that marriage of the parties stands dissolved long back by mutual consent with categoric concession of..........
Criminal Procedure Code, 1973, Section 482 -- Inherent powers - Return of passport - During pendency of appeal against acquittal - On acquittal, there is a presumption of innocence in favour of petitioner - Until and unless, acquittal is converted into conviction, he is deemed to be innocent - Prayer for return of passport, accepted...........
Criminal Procedure Code, 1973, Section 227 -- Framing of charge - While framing charge, Court should apply prima facie standard which is said to be made out when probative value of evidence on all essential elements in the charge taken as a whole is such that it is sufficient to induce the court to believe in the existence of facts pertaining to such essential elements or..........
