Vigilance Manual, 2008, Rule 3.16 -- Scope of Preliminary Enquiry - Criminal conspiracy of misappropriation of funds by purchases of sub-standard medical kits - It is submitted that the High Court rightly observed that under the pretext of Preliminary Enquiry (PE), the investigating agency cannot go in detail and verify the veracity of the complaint before registration of..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 155 -- Prior sanction of Magistrate - High Court observed that for investigating agency to investigate group of offences which include non-cognizable one it must obtain a sanction from the concerned Magistrate before launching the investigation - Held, offence under the Prevention of Corruption Act is a substantive..........
Vigilance Manual, 2008, Rule 3.16 -- Delay in conducting the Preliminary Enquiry - Merely because some more time is taken in conducting Preliminary Enquiry before registering FIR the entire criminal proceedings cannot be quashed - There shall not be any prejudice caused to accused at the stage of holding Preliminary Enquiry which shall only be for the purpose of satisfying..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Evidence recorded by Court during trial is to be accorded primacy and for purpose of exercise of power u/s 319 Cr.P.C, would have to be given weight over material which was collected during course of investigation...........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Domestic violence committed outside India - Relevancy of foreign investigation - There is no bar in collecting evidence from abroad or from examining witnesses in such respect - However, result of foreign investigation de hors any judicial order passed even by a foreign Court on a similar law, cannot be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 201, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder - FIR contains serious allegations against accused - Accused cannot claim parity with co-accused since allegations in FIR and material that has emerged from..........
Criminal Procedure Code, 1973, Section 87, 204(1)(b) -- Non-bailable warrants - Merely for the reason that accused were absconding during period of investigation after filing final report unless reasons are recorded, warrant of arrest cannot be issued...........
Criminal Procedure Code, 1973, Section 162, Evidence Act, 1872, Section 145 -- Previous statements of a witness - It is the right of every accused in a criminal trial to make use of previous statements of a witness including statements recorded by investigating agency during course of investigation for purpose of establishing contradiction in evidence or to discredit the..........
Criminal Procedure Code, 1973, Section 233(3), 91, 162, Evidence Act, 1872, Section 145 -- Summoning of enquiry officer - For producing statements recorded by enquiry officer for purpose of contradicting and impeaching some of PWs - No further investigation was conducted by Enquiry Officer - It was only a formal enquiry conducted by Enquiry Officer on feasibility of..........
Criminal Procedure Code, 1973, Section 156(3) -- Magistrate should apply judicious mind while exercising power u/s 156(3) Cr.P.C. - Mere mention in the order that he has gone through the complaint and police investigation is not required or otherwise, would not be sufficient compliance of application of judicial mind while deciding application u/s 156(3) Cr.P.C...........
