Criminal Procedure Code, 1973, Section 2(h) -- Investigation - Consists generally of the steps viz. (1) Proceeding to the spot, (2) Ascertainment of the facts and circumstances of the case, (3) Discovery and arrest of the suspected offender, (4) Collection of evidence relating to the commission of the offence which may consist of (a) the examination of various persons..........
Criminal Procedure Code, 1973, Section 173(2), 2(h) -- Investigation - Formation of opinion as to whether or not there is a case to place the accused on trial - It is that of the officer in charge of the police station...........
Criminal Procedure Code, 1973, Section 156(3) -- Power of Magistrate to order investigation u/s 156(3) Cr.P.C. is very wide and he has the authority to ensure that a proper investigation by the police takes place...........
Criminal Procedure Code, 1973, Section 173 -- Final report - Closure report - Court disagreed with the report but did not take cognizance of offence - The only other option available to Court was to direct further investigation - However, no such specific direction was given - Held, by issuing a direction to I.O. to take further action in accordance with law, Court meant..........
Criminal Procedure Code, 1973, Section 173, 190(1)(b), 156(3) -- Magistrate cannot direct Investigating Agency to submit charge sheet against accused...........
Criminal Procedure Code, 1973, Section 401(2) -- Revision - Complainant cannot be a party to revision petition, but can be a witness to proceedings and can at best assist prosecution and participate through learned APP for State, as expression `other person' u/s 401(2) of the Act does not include a complainant in revision, as other person is either accused or a person..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail with condition - If facts and circumstances so warrant even Criminal Court at the time of grant of bail can direct accused to disclose his movable and immoveable properties/assets and also to submit an undertaking that he will not fraudulently transfer the same in order to defeat any order which may be..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - At the stage of issue of process opinion which is required to be recorded by Magistrate taking cognizance of offence is that there is sufficient ground for proceeding against accused...........
Criminal Procedure Code, 1973, Section 202, 482 -- Issuance of process - Quashing of summoning order - Allegations in the complaint have been found to be corroborated in the statement made on oath by complainant during course of examination u/s 200 Cr.P.C and also during inquiry made by Magistrate u/s 202 Cr.P.C - Summoning order reflects that same has been passed taking..........
Criminal Procedure Code, 1973, Section 397 -- Revision - Condition of pre-deposit of fine amount - Cannot be imposed by High Court for purpose of hearing revision petition filed by accused...........
