Criminal Procedure Code, 1973, Section 173(8) -- Final report - Magistrate is competent to pass order for further investigation even after the police submits the final report - In the instant case order passed by Magistrate for reinvestigation modified to an order for further investigation...........
Indian Penal Code, 1860, Section 304A, Criminal Procedure Code, 1973, Section 482 -- Death due to rash and negligent act - Complaint - Quashing thereof - Final report was accepted and protest petition was rejected by Magistrate - Sessions Court directed further investigation - Legality of - Held, parties have compromised and complainant categorically submitted that she..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation of - All witnesses have already been examined and investigation is over - Charge-sheet is going to be filed after obtaining sanction from Govt. - A1 and A2 are also strictly complying with the condition by appearing before Judicial Magistrate everyday at 10.30 A.M. - Fleeing from justice and tampering with..........
Criminal Procedure Code, 1973, Section 200, 202 -- Inquiry - Scope of - Held, inquiry provided u/s 200 and 202 is limited to ascertainment of the truth or falsehood of allegations made in complaint - Decision of Magistrate can only be based on materials placed by complainant - Inquiry is limited for purpose of finding out whether a prima facie case for issue of process has..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 15 -- Confession - Cannot be rejected on the ground that it was recorded by the officers supervising the investigation...........
Criminal Procedure Code, 1973, Section 100, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Independent witness - Absence of an independent witness despite being available and deletion of name of such witness in list of witnesses certainly create doubt about the bona fide of investigation agency...........
Criminal Procedure Code, 1973, Section 482, 190, 156, 200, 202 -- Inherent jurisdiction - On conjoint reading of provisions of Ss. 156, 190, 200 and 202 Cr.P.C., case which is exclusively triable by a Sessions Judge instituted on complaint, Magistrate is competent and empowered to pass an order for investigation by police even before taking cognizance of the offence -..........
Prevention of Corruption Act, 1988, Section 19(1) -- Illegal gratification - Sanction - Whether properly accorded? - Court has to see that it is not accorded in a mechanical manner - Validity of sanction depends on the applicability of mind by the sanctioning Authority to the facts of the case as well as the evidence collected by the Investigating Agency during the..........
Constitution of India, 1950, Article 226, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Quashing of FIR - After thorough investigation police prima facie found case against petitioner and filed charge sheet against accused - No case made out for quashing of FIR - Petition dismissed...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Limited duration - Anticipatory bail order should be of limited duration only and on the expiry of that duration or extended duration the Court granting anticipatory bail should leave it to the regular Court to deal with the matter on an appreciation of evidence placed before it after investigation has made..........
