4 months ago

Magistrate Or Special Court's Power To Supervise Investigation Doesn't Include Right To Question FIR Validity: Delhi High Court

Live Law

The Delhi High Court has held that the power of a Magistrate or a Special Court to supervise an investigation does not include the right to question the validity of the FIR.A division bench headed by Justice Prathiba M Singh said that the Magistrate or Special Court must remain a “silent spectator” till filling of the final report under Section 173 of Cr.P.C and limit its actions. The Delhi High Court has held that the power of a Magistrate or a Special Court to supervise an investigation does not include the right to question the validity of the FIR. A division bench headed by Justice Prathiba M Singh said that the Magistrate or Special Court must remain a “silent spectator” till filling of the final report under Section 173 of Cr.P.C and limit its actions to judicial assistance. “The questioning of the validity of the FIR can only be raised under the provisions of Section 482 of the Cr.P.C or Articles 226/227 of the Constitution of India and since the concerned learned Metropolitan Magistrate or the Special Court do not exercise inherent powers under the Cr.P.C and there is no provision provided for in the Cr.P.C for bringing to the notice of Hon'ble High Court for appropriate order for quashing of the FIR then the same would be not impermissible.

Investigation Court Delhi High Court Reference Cbi Fir Bench Special Question Magistrate Special Court Metropolitan Magistrate right power investigation validity include reference supervise court fir report high bench special magistrate crpc question mr

History of this topic

5 days, 10 hours ago

‘Cash’ find at Delhi High Court judge’s residence: Supreme Court to list plea to file FIR

The Hindu

Chief Justice of India Sanjiv Khanna on Wednesday said the Supreme Court will list a writ petition seeking a direction to the police to register a first information report and probe allegations of “huge sums of unaccounted money” found on the official residential premises of the High Court judge Justice Yashwant Varma, when a fire broke out on the night …

2 weeks, 4 days ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – February 2025

Live Law

Supreme Court: S.156 CrPC v S.175 BNSS | BNSS Mandates Magistrate To Hear Police Officer On Refusal To Register FIR, Ensures Reasoned Order: Supreme Court Case Title: OM PRAKASH AMBADKAR VERSUS THE STATE OF MAHARASHTRA & ORS. Kerala High Court: S.187 BNSS | Default Bail Can Be Granted After 60 Days For Offence Punishable With Imprisonment Which May Extend To …

3 weeks, 3 days ago

Accused Has No Absolute Right To Seek Further Investigation But Courts Can Intervene If Probe Is Incomplete, Shabby Or Malafide: Kerala HC

Live Law

The Kerala High Court has reiterated that an accused has no absolute right to seek further investigation or to dictate the terms of investigation or to state that the investigation must go in a particular manner. Court said, “While analysing the question of law as to whether an accused has an absolute right to seek for further investigation, in fact, …

1 month ago

'Final Report-I' Confidential Document Of CBI But Can Be Produced Before Court At Cognizance Stage In Exceptional Circumstances: Delhi HC

Live Law

The Delhi High Court has ruled that production of Central Bureau of Investigation's final report for the perusal of the special court cannot be denied at the stage of cognizance, if exceptional circumstances are made out.Justice Anoop Kumar Mendiratta referred to the provisions in Chapter 18 of the CBI Crime Manual which provides that on completion of investigation, every IO …

1 month, 2 weeks ago

Magistrate Can't Direct Superior Officer Like DCP To Register FIR Under Section 156(3) Of CrPC: Delhi High Court

Live Law

The Delhi High Court has ruled that a magistrate has no power to direct a superior officer such as a DCP to register an FIR under Section 156 of Code of Criminal Procedure.Justice Chandra Dhari Singh observed that as per the statutory mandate, the Magistrate is only empowered to direct the in-charge officer of the police station to conduct investigation …

2 months, 2 weeks ago

Cognizance Of Offence U/S 188 IPC Requires Complaint By Public Servant, Not FIR: Patna High Court Quashes Magistrate's Order

Live Law

The Patna High Court in a judgment delivered recently, quashed the cognizance taken by the Judicial Magistrate of offence under Section 188 of the Indian Penal Code. Justice Jitendra Kumar, presiding over the case, observed, “The Magistrate is not competent to take cognizance of an offense punishable under Section 188 IPC on a police report. The Court, in its judgement, …

4 months, 1 week ago

Not Necessary For PMLA Special Court To Record Reasons For Cognizance Of ED's Complaint: Delhi High Court

Live Law

The Delhi High Court has recently held that it is not necessary for the Special Court under PMLA to record its reasons for taking cognizance of Enforcement Directorate complaint, unlike a private complaint under CrPC or BNSS.Justice Chandra Dhari Singh observed that an initial complaint can be filed by ED under Section 44 of the PMLA, even if the investigation …

4 months, 3 weeks ago

High Court Rejects Plea to Quash FIR Based on Permission to Conduct Further Investigation

Live Law

The Kerala High Court has ruled that an additional or subsequent police report cannot be held as invalid just because the investigation officer did not seek the court's permission before conducting further investigation. The court emphasized the need to obtain the court's permission as a practice, however held that even in the absence of such permission, the final report is …

8 months ago

Accused Cannot Dictate Manner Of Investigation Or Choice Of Agency, Supervision Of Court Over Investigation Is Limited: MP High Court

Live Law

The Madhya Pradesh High Court at Jabalpur, in a case presided over by Justice Gurpal Singh Ahluwalia, has ruled that the accused has no right to demand a particular manner of investigation or specific investigating agency and Court supervision of the investigation is limited to ensuring its proper progress and maintaining public confidence. Court discussed whether suspects could dictate the …

11 months, 2 weeks ago

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench

Live Law

The Bombay High Court held recently that a court in its revisional jurisdiction cannot quash an FIR registered pursuant to the magistrate's order to police under section 156 CrPC to investigate a cognizable offence.A full bench of Justice Revati Mohite-Dere, Justice NJ Jamadar and Justice Sharmila U Deshmukh observed that FIR is a statutory power of the investigating agency and …

1 year ago

Can Officer Below ASI Rank Probe Cognizable Offences? Rajasthan High Court Refers Matter To Larger Bench

Live Law

While disagreeing with the decision rendered by a co-ordinate bench earlier, a single judge bench of Rajasthan High Court has referred to a larger bench the issue of whether a police officer below ASI rank could investigate a cognisable offence or not. …that investigation of a cognizable offence can be conducted by an officer below the rank of ASI and …

1 year, 1 month ago

Court pulls up Delhi police for lapses in probe in 8-year-old case

Hindustan Times

A Delhi court has pulled up the Delhi Police for a “serious lack of professionalism and lapses in the investigation” in an eight-year-old case after a woman approached the court with an application to call for a status report of the investigation into the death of her husband HT Image The court rejected an untraced report filed by police holding …

1 year, 2 months ago

Anyone Including Victims, Eyewitnesses Or Cops Having Knowledge Of Commission Of Cognizable Offence Can Lodge FIR: Allahabad HC

Live Law

Reading Sections 154 & 155 of CrPC conjointly, the Allahabad High Court has observed that anyone possessing knowledge about the commission of a cognizable offence has the authority to file an FIR. Court's observations At the outset, the Court stressed the importance of an FIR, calling it an indispensable document in the realm of criminal justice “which serves as the …

1 year, 3 months ago

Delhi High Court Issues Directions For Expeditious Disposal Of Criminal Cases Against MPs, MLAs

Live Law

The Delhi High Court has issued directions for expeditious and effective disposal of criminal cases pending in the designated courts against the members of Parliament and Legislative Assemblies. A division bench comprising of Acting Chief Justice Manmohan and Justice Mini Pushkarna directed the Principal District and Sessions Judge of the Rouse Avenue Court to ensure almost equal pendency of. A …

1 year, 6 months ago

Delhi Police Opposes Plea By Delhi Riots Accused, Says They Have No Legal Right To Seek Status Of Investigation Before Arguments On Charge

Live Law

The Delhi Police on Tuesday told a Delhi Court that the accused in the 2020 Delhi riots larger conspiracy case do not have any right in law to ask for overall status of the investigation or timeline for its completion, before proceeding with the arguments on charge.Special Public Prosecutor Amit Prasad made the submission before Additional Sessions Judge Amitabh Rawat …

1 year, 9 months ago

Investigating Agency Can't Defeat Right Of Statutory Bail By Filing Incomplete Chargesheet : Delhi High Court

Live Law

The Delhi High Court has said that the right to statutory bail of an accused cannot be defeated merely because police report has been filed by the investigating agency even when investigation in the case is incomplete. Justice Sharma added that the investigating agency “in its anxiety of keeping the accused in custody” may take a plea that probe is …

1 year, 10 months ago

Delhi Riots UAPA Case: Court Summons Special Police Commissioner After Inspector Fails To Answer Query On Probe Status

Live Law

A Delhi Court has summoned the Special Commissioner of Delhi Police’s Special Cell after an inspector failed to answer the judge about the status of investigation and filing of supplementary chargesheet in the larger conspiracy case connected to the 2020 North-East Delhi riots. Noting that neither the Special Public Prosecutor nor the Investigating Officer were present before the court on …

1 year, 10 months ago

Ensure IOs Are Present In Court When Case Is Taken Up For Hearing: Delhi High Court To Commissioner Of Police

Live Law

The Delhi High Court has asked the Commissioner of Delhi Police to ensure that the investigating officers probing a case are present in court when such a case is taken up for hearing. Expressing displeasure over the failure of an investigating officer in answering certain queries put to him by the court, Justice Rajnish Bhatnagar said:“This has become routine invariable …

1 year, 11 months ago

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court

Live Law

The Kerala High Court recently reiterated the view that the High Court, while exercising its power under Section 482 Cr.P.C. The counsels for the respondents also relied upon the decision in Minakshi Bala v. Sudhir Kumar & Ors., wherein it had been laid down that only in rarest of rare cases could the Court exercise the jurisdiction under Section 482 …

1 year, 11 months ago

What Is The Scope Of Scrutiny An Officer Is Required To Make While Clearing A Petition For Listing? Delhi High Court Asks Registrar To Clarify

Live Law

The Delhi High Court has directed its Registrar to clarify the scope of scrutiny required to be made by the scrutiny officer while clearing a petition for listing.Justice Anup Jairam Bhambhani also asked the Registrar whether there are any general directions or judicial orders requiring the scrutiny officer to form a “prima- facie opinion” as to whether a prayer is. …

2 years, 1 month ago

Special Judge Under PC Act Can't Direct Investigating Agency To Obtain Prosecution Sanction While Ordering Further Investigation: Kerala High Court

Live Law

The Kerala High Court recently held that the Special Judge, exercising jurisdiction under the Prevention of Corruption Act, 1988, is not empowered to direct the investigating agency to obtain sanction under Section 19 for prosecution of the accused while ordering further investigation under Section 173 Cr.P.C. However, the Special Judge ordered the investigating officer to conduct further investigation as well …

2 years, 2 months ago

Judiciary role is only to test legality of statute, not to modify it, says Delhi High Court

India TV News

Delhi High Court on judiciary role: The Delhi High Court on Saturday said that the role of the judiciary is primarily only to test the legality of a statute and not to amend or modify a statute while dismissing a petition seeking direction to constitute a Regulatory Authority or censor board to censor or review the non-film songs. Setting up …

2 years, 6 months ago

"Domain Of Disciplinary Authority": Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case

Live Law

The Delhi High Court has stayed a Trial Court order recommending suspension of SHO of Kalkaji Police Station and also calling for strict disciplinary action against him, over his non appearance and failure to produce victim in a case registered under Protection of Children from Sexual Offences Act.Justice Anoop Kumar Mendiratta stayed the order till November 25, observing that. The …

2 years, 8 months ago

High Court Cannot Exercise Jurisdiction Under Article 227 To Monitor Progress Of Cases Before Fora Below: Delhi HC

Live Law

The Delhi High Court has observed that the supervisory jurisdiction under Article 227 of the Constitution of India cannot be exercised by High Courts to monitor the progress of cases before lower courts. "It is not possible for this Court, exercising jurisdiction under Article 227 of the Constitution of India, to monitor the progress of cases before the fora below," …

2 years, 11 months ago

Delhi High Court Calls For Sensitization Of Newly Recruited Judges Regarding Proclamation/ Attachment Proceedings Under S.82/ 83 CrPC

Live Law

The Delhi High Court has said that it shall be appropriate that newly recruited officers of the Delhi Judicial Service may be sensitized by holding of appropriate sessions at Delhi Judicial Academy with reference to proceedings under sec. It was thus argued by the counsel for the petitioner that the order passed by trial court was in complete disregard of …

2 years, 11 months ago

Undesirable For Courts To Make Remarks Censuring Action Of Police Officers Unless Strictly Relevant For The Case: Delhi High Court

Live Law

The Delhi High Court has observed that it is undesirable for Courts to make remarks censuring the action of police officers unless such remarks are strictly relevant for the case.Justice Jasmeet Singh expunged the remarks made against the Investigating Officer by a Trial Court in a criminal revision case. The Delhi High Court has observed that it is undesirable for …

2 years, 11 months ago

Police Officer Not Obligated To Register FIR On Information About Offence "Likely To Take Place": Karnataka High Court

Live Law

The Karnataka High Court has said it is not necessary to register FIR whenever a police officer receives information over the phone or in some other way about an offence which is likely to take place. Court findings: Senior Advocate Hashmath Pasha referred to the judgement in the case of Lalita Kumari vs Government of Uttar Pradesh and Others and …

2 years, 11 months ago

Framing Of Charges | Investigation Into Offence & Elaborate Appreciation Of Evidence Discouraged, Only Prima Facie Material Significant: Delhi HC

Live Law

The Delhi High Court has observed that an investigation into the offence and elaborate appreciation of evidence is not required and is rather discouraged at the stage of framing of charges and that only the material prima facie establishing a case against or in favour of the accused is what is significant.Justice Chandra Dhari Singh added that as per the …

2 years, 11 months ago

"Serious Fault In Investigation": Delhi High Court Seeks Personal Affidavit Of Deputy Commissioner Of Police In Rape Case

Live Law

Noting that there was a serious fault in the investigation conducted by the city police in a case involving allegations of rape, the Delhi High Court this week directed the Deputy Commissioner of Police, West District to file a personal affidavit within a period of three weeks.Justice Chandra Dhari Singh noted that the statement of prosecutrix clearly stated that she …

3 years ago

Writ To Compel Police To Conduct Investigation Can Be Denied For Not Exhausting Alternative & Efficacious Remedy Under CrPC: Delhi High Court

Live Law

The Delhi High Court has observed that a writ to compel police to conduct an investigation can be denied for not exhausting the alternative and efficacious remedy available under the provisions of the Code of Criminal Procedure. Justice Chadra Dhari Singh however added that such writ may be denied unless the exceptions enumerated in the decision of Apex Court in …

3 years, 1 month ago

S.195 CrPC | No FIR Can Be Registered For Forgery/ Conspiracy Committed Before Court On The Basis Of Private Complaint: Chhattisgarh HC

Live Law

The Chhattisgarh High Court recently held that in terms of Section 195 CrPC, no FIR can be registered for forging of documents or conspiracy committed before the Court, on the basis of a private complaint. Quashing one such FIR, Justice Narendra Kumar Vyas noted,"It certainly falls within ambit of Section 195 of Cr.P.C. Advocate Somnath Verma, appearing on behalf of …

3 years, 1 month ago

Delhi High Court Orders Vigilance Inquiry Into Conduct Of Police In Not Registering Rape FIR & Attempting To Strike Compromise

Live Law

The Delhi High Court has directed a vigilance inquiry to be conducted by the Deputy Commissioner of Police, to ascertain as to why an FIR alleging rape and sexual assault was not registered and why the matter was allowed to be laid to rest on the basis of a compromise, despite the written complaint disclosing commission of a cognizable offence.Justice …

3 years, 2 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 …

3 years, 4 months ago

Delhi High Court Stays Action Against Police Officials For Filing Two Distinct Chargesheets In Minor Rape Case

Live Law

The Delhi High Court on Friday stayed a trial court order directing legal action against an Investigating Officer and SHO for filing two distinct chargesheets in a minor rape case. Justice Anu Malhotra, who sought status report from the Delhi Police, stayed the operation of the order dated 24th November 2021 wherein the Sessions Court had observed that the action …

3 years, 4 months ago

High Court Asks Delhi Police To File Latest Report On Investigation Progress In Riots Cases

Live Law

The Delhi High Court today directed the city Police to file a fresh affidavit, giving all details regarding cases pertaining to the North East Delhi riots that rocked the national capital last year.The Court has also asked the agency to indicate the steps taken by it for investigation of such cases.The order was passed by a Division Bench of Chie …

3 years, 4 months ago

S. 439 CrPC: Delhi High Court Stays Sessions Court's Bail Order Castigating Police Investigation

Live Law

The Delhi High Court has stayed an order passed by a Sessions Court in bail proceedings, wherein it had pulled up an Investigating Officer of the Delhi Police for conducting perfunctory investigation in connection with a dowry death case.Justice Chandra Dhari Singh observed,"it is a settled position of law that the lower courts are not akin to constitutional courts. The …

3 years, 6 months ago

"No Second FIR, Fresh Investigation For Same Cognizable Offence, Same Occurence": Delhi HC Quashes FIRs Against One Relating To Delhi Riots

Live Law

The Delhi High Court has quashed four FIRs against one Atir in connection with a Delhi riots case after observing that five separate FIRs cannot be registered for the very same incident against a person. There can be no second FIR and no fresh investigation in respect of the same cognizable offence or same occurrence giving rise to one or …

3 years, 7 months ago

Magistrate May Permit Officer Below Rank Of Inspector To Assist IO In Investigation Under Prevention Of Corruption Act: Delhi High Court

Live Law

The Delhi High Court has held that a special judge under the Prevention of Corruption Act is empowered to permit an officer below the rank of Inspector to assist the Investigating Officer in investigation.Justice Manoj Kumar Ohri added that the steps taken by such an officer have to be performed under direct supervision of the Investigation Officer, who remains in …

3 years, 10 months ago

Delhi police interrogates Youth Congress president in court ordered probe

Op India

The Delhi police today questioned Youth Congress president Srinivas B V over the allegations of illegal procurement and distribution of Covid-19 drugs in an ongoing investigation ordered by the Delhi High Court. The police were acting on the directions of the Delhi High Court, who had asked it to conduct an enquiry into the involvement of politicians in the alleged …

3 years, 11 months ago

'Complete Lack Of Supervision By Senior Police Officers': Court Slams Delhi Police Over Manner Of Investigation In Delhi Riots Cases

Live Law

A local Court in Delhi today slammed the Delhi Police for the manner in which it has carried on investigation in FIRs and criminal cases pertaining to the riots in North-East parts of Delhi in February 2020. In its order, dismissing the revision, Judge Yadav found that "there was complete lack of supervision of the investigation by the senior police …

4 years ago

Bombay High Court Reserves Order On Param Bir Singh's PIL Seeking CBI Probe Against Anil Deshmukh

Live Law

After a day long marathon hearing, the Bombay High Court on Wednesday reserved its order on a PIL filed by ex-Chief of Mumbai Police, Param Bir Singh, seeking a CBI inquiry into alleged corrupt malpractices of Maharashtra Home Minister Anil Deshmukh. Submissions by Petitioners Senior Advocate Vikram Nankani, appearing for Param Bir Singh insisted that the allegations have been levelled …

4 years, 2 months ago

80+ Important Delhi High Court Judgments of 2020

Live Law

Orders Relating to Fundamental Rights 1. Delhi High Court Holds "To Have A Name And Express The Same" Is Protected Under Articles 19 & 21, Allows DU Student's Plea In a landmark judgment, the single judge bench of Justice Jayant Nath while hearing a DU student's plea, held that "to have a name and express the same" is protected under …

4 years, 3 months ago

Closure Report Cannot Be Filed Merely Because Informant Did Not Supply Adequate Materials To Investigate: Supreme Court

Live Law

The Supreme Court has observed that a closure report cannot be filed merely on the ground that the investigation was not possible as the informant had not supplied adequate materials to investigate.A fair investigation is a necessary concomitant of Articles 14 and 21 of the Constitution of India, said the bench headed by Justice RF Nariman, while setting aside closure …

4 years, 4 months ago

Delhi High Court Quashes FIR Seeking 'Unlawful Recovery Of Money' In A Purely Commercial Matter

Live Law

The Delhi High Court on Monday reaffirmed that the criminal justice delivery mechanism cannot be misused to seek recovery of money under the garb of Cheating and Criminal Breach of Trust. The Petitioner had also raised the issue of territorial jurisdiction and submitted that the territorial jurisdiction of a court with regard to criminal offence would be decided on the …

4 years, 4 months ago

Half-Hearted Approach By CBI Towards Investigating Bank Officials: Special CBI Court Ghaziabad Orders Further Investigation

Live Law

A Delhi Court on Monday pulled up the Central Bureau of Investigation for conducting a 'half-hearted' investigation against the officers of the Punjab National Bank, Ghaziabad, allegedly involved in cheating the Bank by sanctioning housing loans without proper verification of the allottees. It is difficult to believe that the accused would have been able to commit the alleged fraud without …

4 years, 4 months ago

Delhi High Court Seeks CBI's Response On Special Court Order For Further Investigation In A Corruption Case Against Maneka Gandhi

Live Law

The Delhi High Court on Friday issued notice to the CBI on BJP MP Maneka Gandhi's plea challenging a trial court order rejecting its closure report in a graft case against her and two others and directing further investigation in the matter. The then Special Judge CBI at Patiala House Courts while contemplating the said closure report directed for reinvestigation …

4 years, 4 months ago

Can CJM Extend Period Of Investigation For Case Registered Under UAPA?, Punjab & Haryana High Court To Examine [Read Order]

Live Law

The Punjab and Haryana High Court has decided to examine whether a Chief Judicial Magistrate can grant extension of time to an investigating agency for completion of investigation in a criminal case registered under the provisions of the Unlawful Activities Prevention Act. The Petitioner's counsel, Advocate Saurav Bhatia had submitted that the since the Petitioner had been implicated under the …

4 years, 5 months ago

‘Police Can’t Pick and Choose Evidence’: Delhi HC Sets Aside Sessions Court Order in Chief Secy Assault Case

News 18

New Delhi: The Delhi High Court on Wednesday set aside a sessions court order rejecting the plea of Chief Minister Arvind Kejriwal and Deputy CM Manish Sisodia to provide the statement of one of the witnesses in the case related to alleged assault of then chief secretary Anshu Prakash in 2018. "Consequently, the trial court is directed to consider the …

4 years, 7 months ago

Sushant Singh Rajput Case: Why SC Upheld Jurisdiction Of Bihar Police To Register FIR?

Live Law

The Supreme Court on Wednesday held that Bihar police had jurisdiction to register FIR in the Sushant Singh Rajput case at the complaint of his father, and held that transfer of investigation to CBI was valid. This position of law was settled by the Top Court in Satvinder Kaur v. GNCTD, 8 SCC 728, and recently affirmed in Rasiklala Dalpatram …

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