Criminal Procedure Code, 1973, Section 173, 176 -- Investigation - Two FIRs for single offence - All matters have been filed by persons aggrieved by judgment and order of High Court of Gujarat dated 22.12.2009 in connected cases - Detailed judgment and order has been passed today i.e. on 26.08.2010 in Criminal Appeal No.1599 of 2010 - Issues raised in all these matters..........
Criminal Procedure Code, 1973, Section 173(3), 173(8), 482 -- Murder case - Charge sheet submitted in the court after the completion of investigation - Case pending trial in the court of Sessions Judge - Father of the accused filed petition in the High Court under Section 482 that investigation was not fair - High Court sought report of DGP about the fairness of..........
Criminal Procedure Code, 1973, Section 173(3), 173(8) -- Further investigation and re-investigation - Distinction - Re-investigation is forbidden in law and no superior court would ordinarily issue such a direction - However, further investigation is permissible under Section 173(8) Cr.P.C...........
Criminal Procedure Code, 1973, Section 173, 190 -- Rejection of protest petition - Complainant filed FIR against accused for offences u/ss 341, 352, 504 IPC - After investigation, final report submitted by police - Complainant filed protest petition against final report - Magistrate by critically analyzing the evidence collected by the Investigating Officer and produced by..........
Criminal Procedure Code, 1973, Section 173 -- Further investigation - Offence u/ss 420, 408, 120-B and 34 of IPC - Accused summoned as additional accused u/s 319 Cr.P.C. - Accused took plea that norms acquired for impleading an outsider as accused u/s 319 of Cr.P.C. neither complied with nor scrutiny of material placed showed that investigation by police was comprehensive..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Police is empowered u/s S.173(8) Cr.P.C. to make further investigation but, it does not debar a Magistrate to direct further investigation if Magistrate finds that earlier report submitted by police was on the basis of investigation, which was perfunctory and designedly defective...........
Criminal Procedure Code, 1973, Section 173 -- Charge sheet & Final Report - Not defined in Code - Charge sheet or final report whatever may be the nomenclature, it only means a report under S.173 of the Code which has to be filed by the police officer on completion of his investigation...........
Criminal Procedure Code, 1973, Section 173 -- Non examination of Investigating Officer - Does not render prosecution case vulnerable - However, as a part of fair trial, IO should be examined during trial especially in Sessions Court trial...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation/re-investigation - Whether de facto complainant can seek re-investigation/further investigation? Held, no - Law does not postulate any power on the Judicial Magistrate to direct further investigation at the behest of de facto complainant - It is investigating officer who can seek further..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Investigating Officer can exercise power of further investigation u/s 173(8) Cr.P.C. only after obtaining former permission from the Magistrate...........
