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) -- Final report - When final report is filed without there being any authority, it is not a final report u/s 173(2) Cr.P.C and Court cannot take cognizance u/s 190(1) Cr.P.C...........
Criminal Procedure Code, 1973, Section 173(8) -- Supplementary charge sheet - Charge sheet was initially filed against co-accused and subsequent charge sheets have been filed against petitioners and other co-accused - Filing of supplementary charge sheets by police leads to delay in trial as clubbing of such supplementary charge sheets with main charge sheet filed earlier..........
Criminal Procedure Code, 1973, Section 173 -- Filing of charge sheet when accused is already on bail - (a) I.O. to ensure that intimation to accused is given in legally permissible mode about date and filing of charge sheet and file the proof to Court alongwith charge sheet; (b) on production of charge sheet, concerned Court shall verify about intimation to accused, date..........
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..........
Drugs and Cosmetics Act, 1940, Section 32, 22, 23, 25, 27, Drugs and Cosmetics Rules, 1945, Rule 51, 52, Criminal Procedure Code, 1973, Section 154, 190, 173 -- Offence under Chapter IV of Act of 1940 - Police Officer cannot submit report u/s 173 Cr.P.C...........
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...........
