Constitution of India, 1950, Article 32 -- Transfer of investigation to CBI - Displeasure of an accused person about the manner in which investigation proceeds or an unsubstantiated allegation of a conflict of interest against police conducting the investigation must not derail legitimate course of law and warrant the invocation of extraordinary power of SC to transfer an..........
Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420, 417, 405, 120B, 34 -- Direction to investigate - Cheating - Dispute between parties is non-sharing of profits arising out of business transaction - However, there is no statement as to what was profits made by accused - Entire transaction is apparently contractual transaction and dispute..........
Criminal Procedure Code, 1973, Section 482 -- Direction to police to carry out fair and prompt investigation - No allegation made by petitioner of any police officer being biased or in favour of accused nor any person is impleaded as party to petition - In such circumstances filing of application u/s 482 Cr.P.C seeking fair and prompt investigation by police is nothing but..........
Criminal Procedure Code, 1973, Section 439(2), 482, Indian Penal Code, 1860, Section 354, Protection of Children from Sexual Offences Act, 2012, Section 9(f), 9(k), 9(m), 10, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Cancellation of bail - Outraging modesty of minor girl by her teacher - Victim aged about 11 years is an intellectual..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Bail - Cheating - Civil dispute between parties - Charge sheet has already been filed and there is no requirement of applicants for investigation - Accused has no criminal history - Bail granted...........
Indian Penal Code, 1860, Section 306, 34, Criminal Procedure Code, 1973, Section 439 -- Bail - Abetment of suicide - Neither there is any allegation of demand of dowry nor any motive for abetment or instigation so as to drive deceased to commit suicide - Investigation is going on unhampered - Accused is in judicial custody since April 2020 - He has no criminal history -..........
Prevention of Corruption Act, 1988, Section 17A -- Investigation - Prior approval of Government - Allegation that revenue officers hatched a conspiracy to facilitate fraudulent sale in discharge of their official duties - Before initiating any inquiry against public servants under the Act, prior approval of Government was a sine qua non and FIR could not have registered..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 2 kg poppy straw - Secret information - Non-examination of shopkeeper from whom prosecution allegedly brought scale and weights - Prosecution not proved as to when they departed for detection of crime and as to carrying investigation kit - Both independent witnesses not supported prosecution..........
Criminal Procedure Code, 1973, Section 154, 156 -- FIR - Direction to register FIR and to file final report after investigation - Civil dispute should not be given colour of a criminal offence - However mere pendency of civil proceeding is not a good ground and justification not to register and investigate an FIR if a criminal offence is committed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 52A -- Recovery of huge quantity of heroin - Procedure adopted for drawing sample neither conforms to procedure prescribed u/s 52-A of the Act, nor under Standing Orders - Even, samples sent to CRCL were not representative samples - I.O without weighing contents of each individual packet, mixed powder..........
