Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, Rule 7 -- Offence u/s 3 of the Act - Investigation of offence u/s 3 of the Act not permissible by an officer below the rank of DSP as per R.7 of SC/ST Rules - Since investigation in the case was conducted by..........
Criminal Procedure Code, 1973, Section 188, 2(h) -- Offence committed outside India - Police can register FIR and conduct investigation even if offence is committed outside India - But S.188 Cr.P.C, indicates that no such offence shall be inquired into or tried in India except with previous sanction of Central Government - In the absence of said sanction, inquiry and trial..........
Criminal Procedure Code, 1973, Section 438, 188, Indian Penal Code, 1860, Section 420, 406, 34 -- Anticipatory bail - Offence committed outside India - Cheating - No previous sanction of Central Government was taken u/s 188 Cr.P.C. - Except investigation by police, inquiry and investigation is barred u/s 188 Cr.P.C. - Moreover, dispute arose in connection with a business..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Return of case diary - After submission of charge-sheet/final report before concerned Magistrate or even after cognizance is taken against an accused by concerned Magistrate and after appearance of accused before it, investigating agency can request Magistrate to return case file for further..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Return of case diary - Rape case - Two applications filed one on behalf of respondent and other by Deputy Superintendent of Police - However, in said applications there is no mention that any material evidence was detected after filing First Report - There is thus, no justification in sending matter..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 19 kgs poppy husk - Defective investigation - Form no.29 was not prepared by I.O - Even investigation conducted at the spot raises a doubt about presence of DSP, as it is mentioned in FIR itself that he came at the spot by chance - Therefore, DSP was never given information in this regard -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 436, 427, 148, 149, 120B, 188, Prevention Of Damage to Public Property Act, 1984, Section 4, Explosive Substances Act, 1908, Section 3, 4 -- Bail - Offence u/ss 307, 436, 427, 148, 149, 120-B, 188 IPC, S.4 of 1984 Act and Ss.3, 4 of 1908 Act - Petitioners had a very desperate idea to..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Statements recorded u/s 161 Cr.P.C. and material collected during investigation cannot be taken into account as evidence for summoning accused - It is only evidence recorded during trial which can form basis for exercise of powers u/s 319 Cr.P.C...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 4 -- Bail - Offence u/s 304(Part I)PC and Ss.3, 4 of SC/ST Act - FIR registered on 12.01.2016 of occurrence 10.01.2016, at the instance of son of deceased, who claimed himself to be eye witness to..........
Criminal Procedure Code, 1973, Section 156 -- Transfer of investigation to CBI - Murder and robbery - Mother of petitioner aged 70 years got strangulated and murdered during wee hours in course of robbery - Initially, local police conducted investigation which did not yield any result even though years elapsed - Even, subsequently investigation was handed over to crime..........
