Criminal Procedure Code, 1973, Section 173, 482 -- Transfer of investigation - Final report u/s.173(2) Cr.P.C. submitted before competent criminal Court - Allegations are only against then RDO who might have been transferred to various districts during past 15 years - Similarly various other police officials might have investigated case and it is difficult to assume that..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Permissibility - Held, under the garb of S.173(8) Cr.P.C. investigating agency is not permitted either to `re-investigate' case or to initiate `fresh investigation' against accused person - But S.173(8) Cr.P.C. does permit investigating agency to further investigate case...........
Criminal Procedure Code, 1973, Section 173(5) -- Police report - All relevant documents on which prosecution relies have to be submitted to the Magistrate - Accused cannot be furnished the copies of documents which are not essential and inexpedient in the public interest - If there is some omission it does not mean that remaining documents cannot be produced subsequently...........
Constitution of India, 1950, Article 21, Criminal Procedure Code, 1973, Section 154(1), 156, 162, 41, 173 -- Registration of second FIR - Violation of fundamental right - Registration of second FIR in different police station for same offence is not permissible - It violates fundamental right of accused u/Art.21 - Even in cases where two or more police stations have..........
Criminal Procedure Code, 1973, Section 173(2) -- Filing of police report - Procedure to be followed by Magistrate - Held, in event Magistrate disagrees with police report he has two choices - He may act on the basis of a protest petition that may be filed, or he may, while disagreeing with police report, issue process and summon accused - Thereafter, if on being satisfied..........
Criminal Procedure Code, 1973, Section 173 -- Reinvestigation - Magistrate cannot order reinvestigation - Order of reinvestigation modified into order of further investigation...........
Criminal Procedure Code, 1973, Section 207, 173 -- Documents - Accused is entitled to copies of (i) the police report, (ii) first information report, (iii) the statements recorded under Section 161(3) of all the persons whom the prosecution proposes to examine as its witnesses as mentioned in Section 173(5)(b), (iv) the confessions and statements recorded under Section 164..........
Criminal Procedure Code, 1973, Section 207, 173 -- Accused is entitled to only those documents which are mentioned in the charge sheet - Accused is not entitled to each and every document collected during investigation...........
Criminal Procedure Code, 1973, Section 173(5) -- Documents in custody of Investigating Agency but not forwarded u/s 173(5) Cr.P.C. can neither be relied upon by the prosecution subsequently during trial, as it would prejudice the accused nor can accused demand its copies since it will not come within the purview of S.173(5) of the Code...........
Criminal Procedure Code, 1973, Section 482, 173, Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Section 2, 3 - - Quashing of charge-sheet - Accused alleged to be involved in number of anti-social activities - Delay in filing charge-sheet in respect of many FIR's not fatal as no time frame for charge-sheet had been provided - Accused failed to..........