Criminal Procedure Code, 1973, Section 167(2), 173(8) -- Statutory bail - Charge-sheet submitted but cognizance not taken on or before date when accused refused bail and remanded to custody - Court directed further investigation in the matter - Second charge-sheet submitted by investigating officer because of order of Court directing further investigation and not because..........
Indian Penal Code, 1860, Section 420, 34, Criminal Procedure Code, 1973, Section 482, 190, 173 - - Cheating - Quashing of proceedings - Statement of complainant that money was entrusted to first accused and not to second accused - Second accused was living separately as she was divorced wife of first accused - Held, second accused played no role in commission of offence -..........
Criminal Procedure Code, 1973, Section 156, 173, Constitution of India, 1950, Article 32 -- Monitoring of case by Supreme Court - Held, monitoring of a case is continued till investigation continues - But when investigating agency appointed by Court completes investigation files charge-sheet, it would not be proper for Supreme Court to keep on monitoring trial which is..........
Criminal Procedure Code, 1973, Section 173(5) -- Supply of copy of complaint which was moved by some persons to the Anti Corruption Bureau - Thereafter independent investigation was conducted and on that basis challan was filed - In the final report complaint was never forwarded - No reliance placed on the complaint - Not a document which support the case of accused -..........
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...........
