"No One Can Be Referred To As A 'Suspect' In The Final Report Prepared U/S 173 CrPC": Himachal Pradesh High Court
2 years, 3 months ago

"No One Can Be Referred To As A 'Suspect' In The Final Report Prepared U/S 173 CrPC": Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has observed that no one can be referred to as a 'suspect' in the Final Report, which is to be so filed by the Investigating Officer, in terms of Section 173 of Cr.P.CThe Bench of Justice Ajay Mohan Goel opined that when in the course of the investigation, the Investigating Officer has not found anything incriminating against someone, then reflecting him or her. The Himachal Pradesh High Court has observed that no one can be referred to as a 'suspect' in the Final Report, which is to be so filed by the Investigating Officer, in terms of Section 173 of Cr.P.C The Bench of Justice Ajay Mohan Goel opined that when in the course of the investigation, the Investigating Officer has not found anything incriminating against someone, then reflecting him or her as a 'suspect' in the Investigation Report, is not acceptable in law, as the word 'suspect' undoubtedly casts a stigma on such a person. Court's observations At the outset, the Court took into account Section 173 of CrPC to note that this provision nowhere requires or mandates that any reference of any 'Suspect' is to be there in the report and that the Investigating Officer has to mention the name of the accused as also the names of the persons who appeared to be acquainted with the circumstances of the case, but, the Court stresses, there is no provision that the same has to refer to someone in this report as a 'Suspect'. 904 wherein similar observations were made holding that no one can be referred to as a 'suspect' in the Final Report, which is to be so filed by the Investigating Officer, in terms of Section 173 of Cr.P.C.

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History of this topic

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
5 months ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

Chargesheets Submitted By Police Officers Must Have All Necessary Details As Per Section 173(2) CrPC: Supreme Court
9 months, 3 weeks ago

Chargesheets Submitted By Police Officers Must Have All Necessary Details As Per Section 173(2) CrPC: Supreme Court

Live Law  

The Supreme Court on Tuesday observed that police officers submitting the police report/chargesheet to the magistrate as per the State Police Manual shall abide by the particulars of Section 173 and directed the officers in charge of every police station across the country to strictly comply with the mandatory requirements of Section 173 of Cr.P.C. While deciding one of the …

Andhra Pradesh High Court Rebukes Police Over CrPC 41-A Compliance
11 months ago

Andhra Pradesh High Court Rebukes Police Over CrPC 41-A Compliance

Deccan Chronicle  

Vijayawada: The Andhra Pradesh High Court has expressed displeasure over the police failure to comply with the norms of section 41-A of CrPC. A single judge bench of T. Mallikharjuna Rao held a hearing on an anticipatory bail plea of Telugu Desam MLA Yeluri Sambasiva Rao here on Monday over a case booked against him by the Marturu police. Petitioner’s …

Gujarat Encounters | Police Officers Identified In Justice HS Bedi's Enquiry Report Must Be Prosecuted: Petitioners To Supreme Court
11 months, 3 weeks ago

Gujarat Encounters | Police Officers Identified In Justice HS Bedi's Enquiry Report Must Be Prosecuted: Petitioners To Supreme Court

Live Law  

In pleas relating to fake encounter killings allegedly carried out by the Gujarat Police during 2002-2007, the Supreme Court today was informed by petitioners that the Report of Justice HS Bedi-led Monitoring Committee has found foul play in 3 cases out of a total of 17, and as such, the police officers identified in the Report must be prosecuted.After a …

Karnataka High Court Refuses To Quash Proceedings Against Congress MLA Zameer Ahmed Khan In Disproportionate Assets Case
1 year, 1 month ago

Karnataka High Court Refuses To Quash Proceedings Against Congress MLA Zameer Ahmed Khan In Disproportionate Assets Case

Live Law  

The Karnataka High Court has dismissed a petition filed by Congress party legislator Zameer Ahmed Khan, seeking to quash proceedings initiated against him under the provisions of the Prevention of Corruption Act, for allegedly possessing assets disproportionate to his known source of income. A single judge bench of Justice M Nagaprasanna said “A perusal at the source information report or …

Suspecting Collusion With Police, High Court Upholds Section 319 CrPC Order To Add Accused Declared Innocent By Nuh DSP
1 year, 2 months ago

Suspecting Collusion With Police, High Court Upholds Section 319 CrPC Order To Add Accused Declared Innocent By Nuh DSP

Live Law  

Observing that, "Police authorities relied upon unknown ghost respectable members of the society so as to declare the petitioner as innocent," the Punjab & Haryana High Court has upheld the order to array a man as an accused in a murder case who was exonerated in police investigation by Nuh DSP.Justice Deepak Gupta observed, "It is very surprising that despite …

Punjab & Haryana High Court Dismisses Plea To Preserve Police Officer's Call Records, Says Can't Breach His Privacy For Creating Evidence
1 year, 2 months ago

Punjab & Haryana High Court Dismisses Plea To Preserve Police Officer's Call Records, Says Can't Breach His Privacy For Creating Evidence

Live Law  

The Punjab & Haryana High Court recently dismissed a plea to preserve the call records of a police officer who arrested the petitioner in the NDPS Act observing that for the possibility of creating evidence in favour of the accused, it cannot go to the extent of breaching privacy of a police officer.Justice Rajbir Sehrawat added that just to give …

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances
1 year, 7 months ago

Police Can't Misuse S.160 CrPC To Arrest Persons Unconnected With Alleged Offence: Calcutta High Court In Plea By Suvendu Adhikari's Acquaintances

Live Law  

The Calcutta High Court has made it clear that Section 160 of the CrPC which empowers the police to require attendance of witnesses cannot be misused to take coercive steps against persons not connected with the alleged offence. While hearing a plea filed by persons claiming to be the relatives and acquaintances of West Bengal’s Leader of Opposition, Suvendhu Adhikari, …

Sec 102 CrPC | Police Officer Empowered To Seize Property Only If Found Under Circumstances Creating Suspicion Of Any Offence: Himachal Pradesh HC
1 year, 9 months ago

Sec 102 CrPC | Police Officer Empowered To Seize Property Only If Found Under Circumstances Creating Suspicion Of Any Offence: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court on Thursday ordered defreezing of the account of an accused observing that Section 102 CrPC empowers the Police Officer to seize certain property on existence of a condition that the said property should have been alleged or suspected to have been stolen or which may be found under circumstances which create suspicion of commission of …

S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police
1 year, 10 months ago

S.319 CrPC | Karnataka High Court Grants Relief To Man Arraigned As Additional Accused Despite Clean Chit By Police

Live Law  

The Karnataka High Court has quashed an order of the sessions court allowing an application made by the prosecution under section 319 of the Criminal Procedure Code, permitting it to arraign a person as accused whom the police had earlier given clean chit in investigation. Post investigation the police filed a charge sheet for the offence punishable under Section 323, …

Application To Recall Witness U/S 311 CrPC Can Be Allowed In Court's Discretion At Any Stage Of Trial, Even After Closing Evidence: Madhya Pradesh HC
1 year, 10 months ago

Application To Recall Witness U/S 311 CrPC Can Be Allowed In Court's Discretion At Any Stage Of Trial, Even After Closing Evidence: Madhya Pradesh HC

Live Law  

The Madhya Pradesh High Court at Indore recently, while dismissing a petition filed challenging an order recalling a witness, reiterated that if the conditions under Section 311 of CrPC are satisfied, the Court can recall a witness at any stage of the trial, even after closing prosecution evidence.Justice Vijay Kumar Shukla observed that,It is crystal clear that the Court has …

Supreme Court Half Yearly Complete Criminal Digest (January – June 2022)
2 years, 3 months ago

Supreme Court Half Yearly Complete Criminal Digest (January – June 2022)

Live Law  

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer of …

NDPS Act | Charges Framed Solely Based On Statement Of Co-Accused U/S 27 Evidence Act Untenable: Madhya Pradesh High Court
2 years, 3 months ago

NDPS Act | Charges Framed Solely Based On Statement Of Co-Accused U/S 27 Evidence Act Untenable: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently quashed the order of the lower court whereby charges were framed against the accused under the provisions of the NDPS Act solely based on the testimony of a co-accused recorded under Section 27 Evidence Act. Setting aside the impugned order, Justice Nandita Dubey noted that while framing the charges, the trial court ought to …

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court
2 years, 4 months ago

Delayed Institution Of Police Report Does Not Threaten Assumption Of Cognizance U/S 468 CrPC: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has made it clear that delay on part of investigating agency in filing the charge sheet does not attract Section 468 CrPC, which prescribes bar on taking cognizance after lapse of the period of limitation.The bench comprising Justice Sureshwar Thakur observed that if delays in investigations made into the FIR are construed to fall …

Framing Of Charge | Court Merely Required To Sift Evidence On Record & Form Prima Facie Opinion Regarding Existence Of "Strong Suspicion": Madras HC
2 years, 4 months ago

Framing Of Charge | Court Merely Required To Sift Evidence On Record & Form Prima Facie Opinion Regarding Existence Of "Strong Suspicion": Madras HC

Live Law  

Madras High Court recently dismissed a revision petition moved by a man accused of cheating and forgery after observing that while deciding upon discharge, the High Court only had to sift through the evidence on record and form an opinion on whether there was a prima facie case and a strong suspicion against the accused. The case against the petitioner …

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices
2 years, 4 months ago

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices

Live Law  

The Andhra Pradesh High Court recently disposed of two applications for anticipatory bail in separate cases, while directing the state Police to ensure that the procedure and guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar are complied with before effecting arrest.The judgment obligates the Police to issue notice of appearance under Section 41-A CrPC in …

HC directs CBI to submit report of probe conducted against IPS officer Seemant Kumar Singh
2 years, 6 months ago

HC directs CBI to submit report of probe conducted against IPS officer Seemant Kumar Singh

The Hindu  

The High Court of Karnataka on Thursday directed the Central Bureau of Investigation to submit a report on the investigations carried out against Seemant Kumar Singh, Additional Director-General of Police, in connection with his role in illegal mining cases as he had served as the Superintendent of Police of Ballari during 2010. Sandesh issued the direction after the State government …

Petitioner's Lawyer Threatened By Police Inspector: Calcutta High Court Transfers Investigation To West Bengal CID
2 years, 6 months ago

Petitioner's Lawyer Threatened By Police Inspector: Calcutta High Court Transfers Investigation To West Bengal CID

Live Law  

The Calcutta High Court on Wednesday transferred an investigation into a criminal case to the West Bengal CID after noting that the lawyer of the petitioner had been threatened by the concerned inspector of the local police station. Justice Bibek Chaudhuri directed the Deputy Inspector General of Police of the West Bengal CID to appoint an Officer to investigate the …

Supreme Court Quarterly Digests 2022 - CRIMINAL LAW (Jan-March)
2 years, 7 months ago

Supreme Court Quarterly Digests 2022 - CRIMINAL LAW (Jan-March)

Live Law  

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer of …

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court
2 years, 7 months ago

Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court

Live Law  

The Karnataka High Court recently quashed the proceedings initiated under section 156 of the Criminal Procedure Code, wherein the Magistrate court referred the complaint filed for defamation under section 499, 500 of the Indian Penal Code to the police for further investigation.While doing so, the Bench relied on the Apex court judgement in the case of Subramanian Swamy v. Union. …

Police Can't Refuse To Conduct Investigation After Magistrate Has Accepted Complaint U/S 200 CrPC: Karnataka High Court
2 years, 7 months ago

Police Can't Refuse To Conduct Investigation After Magistrate Has Accepted Complaint U/S 200 CrPC: Karnataka High Court

Live Law  

The Karnataka High Court has said that once the court accepts the complaint filed under section 200 of Criminal Procedure Code and directs particular police to investigate, the police cannot decline to investigate. A single judge bench of Justice M Nagaprasanna while allowing the petition filed by one Ashwini set aside the order of the endorsement dated 26.08.2021, issued by …

Mandatory To Place Report Of Further Investigation Carried Out U/S 173 (8) CrPC Before Magistrate: Chhattisgarh High Court
2 years, 8 months ago

Mandatory To Place Report Of Further Investigation Carried Out U/S 173 (8) CrPC Before Magistrate: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court has observed that in cases where a further investigation has been carried out then irrespective of its outcome, such further investigation report is required to be placed before the Court of Magistrate.The Bench of Justice Goutam Bhaduri observed thus while relying upon the ruling of Supreme Court recent ruling in the case of Luckose Zachariah @ …

Can Magistrate Reject Application Filed U/S 313 CrPC Requiring Accused To Explain Evidence Produced Against Him? Gujarat High Court To Examine
2 years, 9 months ago

Can Magistrate Reject Application Filed U/S 313 CrPC Requiring Accused To Explain Evidence Produced Against Him? Gujarat High Court To Examine

Live Law  

The Gujarat High Court is set to examine whether a Magistrate can reject an application filed by the complainant seeking explanation of the accused under Section 313 of CrPC, upon the evidence produced against him.The provision stipulates power of the Court to examine the accused and enable him to personally explain any circumstances appearing in the evidence against him.In the …

'Inefficient, Ignorant Of Basic Common Sense': Madhya Pradesh High Court Orders Inquiry Against Police Officer For Investigating In Wrong Direction
2 years, 10 months ago

'Inefficient, Ignorant Of Basic Common Sense': Madhya Pradesh High Court Orders Inquiry Against Police Officer For Investigating In Wrong Direction

Live Law  

The Madhya Pradesh High Court recently directed the Director General Of Police to seek explanation from an Investigating Officer, for 'wasting his time and resources in a wrong direction', while investigating a case. The Applicant submitted that the Prosecutrix in her statement under Section 164 CrPC had clearly mentioned that she has studied up to 10th standard. The Court observed …

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC
2 years, 10 months ago

S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC

Live Law  

The Allahabad High Court has clarified that as per Section 202 CrPC, if an accused resides beyond the jurisdictional area of a Magistrate then it is mandatory for such a Magistrate to either inquire into the case himself or direct an investigation to be made, before issuance of process under Section 204 CrPC.The Bench of Justice Manju Rani Chauhan further …

Mere Fact That FIR Was Lodged As A Counterblast Not Ground To Quash It U/S 482 CrPC: Andhra Pradesh High Court
2 years, 10 months ago

Mere Fact That FIR Was Lodged As A Counterblast Not Ground To Quash It U/S 482 CrPC: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court recently ruled that the mere fact that FIR was lodged against the accused as a counter blast by itself cannot be a ground to quash the FIR under Section 482 of CrPC. Whether the allegations are false or not and whether the report was lodged as a counter blast to the report lodged by the …

Preliminary Enquiry Not Necessary For Directing Prosecution Of Witness U/S 195 CRPC: Madhya Pradesh High Court
2 years, 11 months ago

Preliminary Enquiry Not Necessary For Directing Prosecution Of Witness U/S 195 CRPC: Madhya Pradesh High Court

Live Law  

The High Court of Madhya Pradesh, Gwalior Bench recently held that conducting a preliminary enquiry is not sine qua non for issuing a direction for prosecution U/S 195 CRPC and that the Applicant is not entitled for any opportunity of hearing prior to that. The trial court, while passing the judgment, also directed that since the Applicant had intentionally changed …

Magistrate Can 'Monitor' An Investigation In Exercise Of Power U/S 156(3) CrPC: Allahabad High Court
2 years, 11 months ago

Magistrate Can 'Monitor' An Investigation In Exercise Of Power U/S 156(3) CrPC: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the Magistrate has the power to monitor investigation in the exercise of his power under Section 156 Cr.P.C.The Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma observed thus while referring to Supreme Court's 2016 ruling in the case of Sudhir Bhaskarrao Tambe Vs. Hemant Yashwant Dhage, 6 SCC 277, wherein it …

S. 482 CrPC| Can't Appreciate Evidence In Quashing Petition: Karnataka High Court Reiterates
2 years, 11 months ago

S. 482 CrPC| Can't Appreciate Evidence In Quashing Petition: Karnataka High Court Reiterates

Live Law  

The Karnataka High Court has reiterated that a Court hearing a petition for quashing of FIR/ charge sheet under Section 482 CrPC cannot appreciate evidence as the same lies within the domain of the trial Court. Justice Sreenivas Harish Kumar said, "It is a settled principle that while deciding the petition under Section 482 of Cr.P.C, evidence cannot be appreciated …

Supreme Court Criminal Law Digest 2021 [Part 1- CrPC-IPC-Evidence ]
3 years ago

Supreme Court Criminal Law Digest 2021 [Part 1- CrPC-IPC-Evidence ]

Live Law  

Code of Criminal Procedure, 1973On Bail and Anticipatory Bail An Accused Who Was Released On Default Bail Cannot Be Re-arrested On Filing Of Charge SheetA bench comprising Justices L. Nageswara Rao, Navin Sinha and Indu Malhotra held that an accused who was released on default bail cannot be. Section 313 CrPC Statement By Accused Is Not A Substantive Evidence To …

Whether Provisions Of 'Family Courts Act' Have Been Made Applicable In Himachal Pradesh?: High Court Asks Centre
3 years, 1 month ago

Whether Provisions Of 'Family Courts Act' Have Been Made Applicable In Himachal Pradesh?: High Court Asks Centre

Live Law  

The Himachal Pradesh High Court this week asked the Central Government as to whether the provisions of Family Courts Act 1984 have been made applicable by way of issuance of a statutory notification vis-à-vis the State of Himachal Pradesh or not.Essentially, the Bench of Justice Ajay Mohan Goel was hearing a criminal revision plea when the counsel for the petitioner …

Kodanad Murder & Dacoity Case: Supreme Court Dismisses AIADMK Member's Plea To Stop Further Investigation
3 years, 4 months ago

Kodanad Murder & Dacoity Case: Supreme Court Dismisses AIADMK Member's Plea To Stop Further Investigation

Live Law  

The Supreme Court on Tuesday dismissed a Special Leave Petition filed by AIADMK functionary Anubhav Ravi, a prosecution witness in the Kodanad Murder and Dacoity case challenging the Madras High Court's order of refusing to intervene with the further police investigation by police. Case Before Madras High Court AIADMK Functionary Anubhav Ravi had approached the High Court averring that due …

Allahabad High Court Questions Police Officer's Conduct In Interrogating & Frequently Visiting Lawyer Of An Inter-Religious Couple
3 years, 4 months ago

Allahabad High Court Questions Police Officer's Conduct In Interrogating & Frequently Visiting Lawyer Of An Inter-Religious Couple

Live Law  

The Allahabad High Court has called for an explanation from an SHO of Bareilly District regarding his conduct in relation to interrogation and frequent visits to the home of a Lawyer who had represented an inter-religious couple in their protection plea filed before the Court.The Bench of Justice Manoj Kumar Gupta and Justice Deepak Verma was hearing the plea of …

Charge Of False Accusation U/S 211 IPC Can Be Made Against De Facto Complainant & Not Against Investigating Officer: Madras High Court
3 years, 10 months ago

Charge Of False Accusation U/S 211 IPC Can Be Made Against De Facto Complainant & Not Against Investigating Officer: Madras High Court

Live Law  

The Madras High Court has held that an officer who conducted investigation or filed a final report pursuant to filing of a criminal complaint cannot be prosecuted under Section 211 of IPC for making false accusations, in case of acquittal of the accused. The Court further made it clear that the language used under Section 211 regarding false charge can …

Karnataka High Court Refuses To Quash Corruption Case Against Yediyurappa; Deprecates Laxity In Investigation
4 years ago

Karnataka High Court Refuses To Quash Corruption Case Against Yediyurappa; Deprecates Laxity In Investigation

Live Law  

The Karnataka High Court on Tuesday refused to quash a criminal complaint registered under the Prevention of Corruption Act, against Chief Minister B S Yediyurappa, who is alleged of de-notifying parcels of land and allotting it to entrepreneurs, during his tenure as the Deputy Chief Minister of the state, between February 2006 and October 2007. A single bench of Justice …

Reference To Character, Criminal Antecedents Paramount In Selection Of Police Personnel, Lest Every Possibility Of Another Incident Like Sathankulam: Madras HC [Read Order]
4 years, 3 months ago

Reference To Character, Criminal Antecedents Paramount In Selection Of Police Personnel, Lest Every Possibility Of Another Incident Like Sathankulam: Madras HC [Read Order]

Live Law  

Asserting that in the selection of police personnel, reference to the character, antecedents, criminal case, etc. of the candidate is of paramount significance, the Madras High Court recently warned that otherwise "there is every possibility of one more incident like that of Sathankulam, Tuticorin District", where an Inspector and his team were alleged to be a root cause for the …

[Sushant Singh Rajput Case] No Embargo On Bihar Police To Investigate, Inaction By Mumbai Police To Register FIR Contrary To Law: Bihar Govt. To SC
4 years, 4 months ago

[Sushant Singh Rajput Case] No Embargo On Bihar Police To Investigate, Inaction By Mumbai Police To Register FIR Contrary To Law: Bihar Govt. To SC

Live Law  

The Bihar Government has filed its written submissions before Top Court in the petition filed by Bollywood actress Rhea Chakraborty seeking transfer of FIR registered against her by Sushant't father from Patna to Mumbai.Alleging that the Mumbai Police has adopted a lackadaisical approach towards the Sushant Singh Rajput Death case and has not even registered an FIR, the Bihar Government. …

Lawyer And Law Student Write To Allahabad CJ Seeking CBI/SIT Probe Into Alleged "Fake Encounter" Of Kanpur Gangster Vikas Dubey & Aides [Read Letter]
4 years, 5 months ago

Lawyer And Law Student Write To Allahabad CJ Seeking CBI/SIT Probe Into Alleged "Fake Encounter" Of Kanpur Gangster Vikas Dubey & Aides [Read Letter]

Live Law  

A letter petition has been addressed to the Chief Justice of the Allahabad High Court seeking an independent CBI/ SIT enquiry into the alleged police encounter of gangster Vikas Dubey, who was arrested yesterday from MP's Ujjain, allegedly for killing eight policemen in UP's Kanpur on July 3. The letter, penned by Supreme Court Advocate Pawan Prakash Pathak and a …

Bar U/s 162(1) CrPC Applies To A Letter Given Or Sent To Police Officer By A Person After The Commencement Of Investigation: Kerala HC [Read Judgment]
4 years, 5 months ago

Bar U/s 162(1) CrPC Applies To A Letter Given Or Sent To Police Officer By A Person After The Commencement Of Investigation: Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has observed that a letter given or sent to a police officer by a person after the commencement of investigation of an offence come within the interdict under Section 162 of the Code of Criminal Procedure, 1973. Section 162 of the Code provides that, no statement made by any person to a police officer in the …

[Section 173 CrPC] Police Can File Final Report Against One Accused And Conduct Further Investigation Against Others :Kerala HC [Read Judgment]
4 years, 6 months ago

[Section 173 CrPC] Police Can File Final Report Against One Accused And Conduct Further Investigation Against Others :Kerala HC [Read Judgment]

Live Law  

The Kerala High Court has held that it is permissible for the Investigating Officer to proceed with the investigation in a crime involving more than one accused and file Final Report against one accused apprehended by him and that he is not expected to wait till the absconding accused is arrested. At this stage, the second accused approached the High …

SC Stays Allahabad HC's Direction To Provide Chinmayanand Copy Of Student's Statement Under S.164 CrPC [Read Order]
5 years, 1 month ago

SC Stays Allahabad HC's Direction To Provide Chinmayanand Copy Of Student's Statement Under S.164 CrPC [Read Order]

Live Law  

The Supreme Court on Friday issued notices on a Special Leave Petition filed by the Shahjahanpur law student, who had leveled allegations of sexual harassment and rape against former Union Minister and BJP leader Chinmayanand. The petition challenged the order of the Allahabad High Court dated November 7, whereby it allowed Chinmayanand's application seeking a certified copy of the statement …

Day after closure of sedition case against 49 celebs, Bihar lawyer files protest petition, claims cops acted ‘under political pressure’
5 years, 2 months ago

Day after closure of sedition case against 49 celebs, Bihar lawyer files protest petition, claims cops acted ‘under political pressure’

Firstpost  

After the Bihar police ordered closure of the sedition case filed against 49 personalities, who had signed an open letter to Prime Minister Narendra Modi over rising incidents of mob lynching, the complainant on Thursday filed a ‘protest petition’ against the police Muzaffarpur: After the Bihar police ordered closure of the sedition case filed against 49 personalities, who had signed …

Informant Entitled To Copy Of C-Summary Report To File Protest Petition: Bombay HC [Read Judgment]
5 years, 3 months ago

Informant Entitled To Copy Of C-Summary Report To File Protest Petition: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court recently held that copy of c-summary report must be provided to informant who wishes to file a protest petition and directed the investigating officer in a case to do so free of cost. Justice SS Shinde heard a petition filed by 59-year-old resident from Pune who sought directions to the Magistrate to ensure police provides a …

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