Criminal Procedure Code, 1973, Section 173(8), 482 -- Further investigation - Filing of supplementary charge-sheet - IO filed charge-sheet for offence u/ss 498-A, IPC and S.3/4, DP Act did not conduct the fair investigation though the case was also registered u/ss 307, 326, 504, IPC - Other IO carried out further investigation and filed a supplementary charge-sheet against..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Charge-sheet indicates that false/forged/fictitious documents were submitted by applicant to obtain passport - Applicant was required to furnish original document which he had failed to do so till date - Investigation reveals that university authorities have contended that no such certificates as relied..........
Criminal Procedure Code, 1973, Section 190, 156(3) -- Cognizance of offence - Once Magistrate takes cognizance of offence u/s 190 CrPC, he cannot order of his own further investigation in the case u/s 156(3) CrPC - But if subsequently Sessions Court passes order discharging accused persons, further investigation by police on its own would be permissible, which may also..........
Armed Forces (Special Powers) Act, 1958, Section 6, Criminal Procedure Code, 1973, Section 197(2) - - Sanction of Central Government for prosecution - Requirement - Accusation made in charge-sheet and averments made in army affidavit does not indicate any relation or nexus of incident with exercise of power under the 1958 Act - Held, protection u/s 6 of the 1958 Act would..........
Criminal Procedure Code, 1973, Section 190 -- Taking of cognizance - Meaning - Held, it means to take notice judicially - It means Magistrate's applying mind to offence alleged for purpose of proceeding in a particular way - It is a judicial function - Magistrate may accept the report as it is and take cognizance with regard to alleged offences or he may take cognizance..........
Criminal Procedure Code, 1973, Section 167(2) -- Distinct offences - Default bail - Held, if police failed to complete investigation and file charge sheet u/s 167(2) Cr.P.C. within stipulated period, accused would be entitled to bail - Thus, from the date of arrest of accused, if police failed to complete investigation within prescribed period with regard to offence in..........
Criminal Procedure Code, 1973, Section 167(2), 309 -- Distinct offences - Remand of accused u/s 309 Cr.P.C. - Legality - Special Judge without looking into allegations made in remand report came to the conclusion that CBI has filed full fledged charge-sheet and remanded accused u/s 309 Cr.P.C. - CBI never stated that it was seeking remand of accused with reference to..........
Constitution of India, 1950, Article 311 -- Disciplinary proceedings - Charge-sheet or show-cause notice issued to delinquent - Not generally subject-matter of writ petition...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), Indian Penal Code, 1860, Section 406 -- Corruption case - Investigation - Case was investigated by police officer below the rank of Deputy Superintendent of Police - Held, charge-sheet, so far as it relates to offences under Prevention of Corruption Act, is absolutely illegal and wholly without jurisdiction and same..........
Criminal Procedure Code, 1973, Section 397, 401, Indian Penal Code, 1860, Section 302, 364, 201, 218, 120B -- Cancellation of bail - Legality - Petitioners who are police officers evaded their arrest for the period of 9-10 months from the date of offence - They managed to manipulate charge sheet in such a way that they were charged under bailable offence - During course of..........
