Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - After cognizance has been taken on police report - Can be exercised by Magistrate only on a request made by investigating agency and not at the instance of anyone other than investigating agency or suo moto - Even such power can be exercised by Magistrate before accepting negative police report..........
Criminal Procedure Code, 1973, Section 173 -- Direction to police to present challan - Validity - Cancellation report by police - No Court has got jurisdiction to issue direction to investigating agency to present challan against accused, unless and until, patent malafide or violation of any statutory provision is established to satisfaction of Court...........
Criminal Procedure Code, 1973, Section 173, Legal Services Authorities Act, 1987, Section 21 -- Award of Lok Adalat - Presiding Officer of Mega Lok Adalat taking into consideration cancellation report filed by police and accepted protest petition of complainant and directed police to present challan - Said approach is not permissible under law - Order passed by presiding..........
Criminal Procedure Code, 1973, Section 173 -- Charge sheet - It is the foundation upon which Court can take cognizance - Edifice of trial rests upon this foundation but result does not - Edifice may stand or it may crumble down - It depends upon outcome or conclusion of trial...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - When power u/s 173(8) Cr.P.C., is exercised, Court ordinarily should not interfere with statutory powers of investigating agency - Court cannot issue directions to investigate the case from a particular angle or by a particular agency...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Power of police to conduct further investigation even after laying final report is recognized u/s 173(8) Cr.P.C...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - After taking cognizance on the basis of earlier report - At that stage, Magistrate can neither suo motu nor on application filed by complainant/informant direct further investigation - Such a course is open only on the request of I.O. and that too in circumstances warranting further investigation on..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Magistrate has power to direct investigation u/s 156(3) at pre-cognizance stage, even after a charge-sheet or a closure report is submitted - Once cognizance is taken, Magistrate is bereft of any competence to direct further investigation, either suo motu or acting on the request or prayer of the..........
Criminal Procedure Code, 1973, Section 173(8), 190 -- Further investigation - Cannot be directed by Magistrate at the instance of de facto complainant after taking cognizance of offence on the basis of charge sheet submitted by police...........
Criminal Procedure Code, 1973, Section 227, 173 -- Discharge - Two charge-sheets filed for same offence - Two Sessions trials relating to same case - All accused were charge-sheeted for commission of identical offences - Even all witnesses in both trials were same and has not supported prosecution case - Trial Court rightly considered statement of witnesses of charge sheet..........
