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..........
Criminal Procedure Code, 1973, Section 156, 173(6) -- Re-investigation or further investigation - Only allegation against I.O is that he did not investigate the case in accordance with law and did not give importance to statement of witnesses on record - No allegation of unfairness in investigation - In absence of any allegation of unfairness in investigation against I.O,..........
Criminal Procedure Code, 1973, Section 173(6) -- Further investigation - Magistrate has power to direct further investigation only after filing of police report in terms of S.173(6) Cr.P.C. - Magistrate has no power to direct re-investigation or fresh or de novo investigation which falls in domain of superior Courts that too in exceptional cases...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - It is continuation of earlier investigation which culminates in further police report u/s 173(8) - It necessarily means that any further investigation can be made only by investigation agency which was earlier entrusted with investigation by State Government...........
Criminal Procedure Code, 1973, Section 173 -- Court monitoring investigation - Court monitoring would help in moving machinery of inquiry/investigation at an appropriate pace and its conclusion with utmost expedition without fear or favour - Expression `Court monitored' has sometimes been interchangeably used with `Court supervised investigation' - Once court supervises an..........
Criminal Procedure Code, 1973, Section 173(8), 2(d) -- Supplementary complaint - Maintainability - Supplementary complaint on additional evidence qua same accused or additional accused who are part of same larger transactions/conspiracy is maintainable, however, with leave of Court...........
Criminal Procedure Code, 1973, Section 173(8), 2(d) -- Supplementary complaint - Maintainability - If on further investigation with express leave of Court, culpability and complicity of any other person is established supplementary compliant be filed...........
Criminal Procedure Code, 1973, Section 173(8), 2(d), 190 -- Supplementary complaint - Cognizance of offence - Cognizance is taken of offence, not offender - Since no new offence is made out from additional material collected during further investigation, supporting an earlier offence on which cognizance has already been taken or additional accused are arrayed, no further..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Can certainly be made even after final report u/s 173(2) Cr.P.C. has been submitted - It is not mandatory for I.O. to obtain prior permission of Court concerned, but it is desirable to inform Court in order to show respect and regard to it before making any further investigation...........
