Further Investigation U/s 173(8) CrPC Must Always Relate To Incidents Of Crime For Which Charge Sheet Is Filed: Karnataka High Court
3 years, 2 months ago

Further Investigation U/s 173(8) CrPC Must Always Relate To Incidents Of Crime For Which Charge Sheet Is Filed: Karnataka High Court

Live Law  

The Karnataka High Court has said that further investigation conducted under Section 173 of CrPC must always relate to the incident of alleged crime in respect of which the charge sheet has been filed already. Prosecution Opposed the plea: Special Public Prosecutor V.G.Tigadi, said petitioner came to be arrayed as accused no.5 in FIR No.588/2018 on the allegation of conspiracy with other accused. "If a separate FIR came to be registered thereafter, it is not understandable as to how the petitioner could be connected with FIR.No.588/2018 in relation to two parties said to have been arranged on 3.11.2018 and 7.11.2018," the Court observed at the outset. Whenever past crimes committed by the same person come to light, nothing prevents the police from registering a separate FIR for every distinct offence detected and filing a separate charge sheet, if all those offences cannot be tried jointly in accordance with Section 219 of Cr.P.C."

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History of this topic

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – February 2025
1 week, 5 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 …

Karnataka High Court Quashes Criminal Defamation Case Against News 1 Kannada's Anchor & Head Of News
2 months ago

Karnataka High Court Quashes Criminal Defamation Case Against News 1 Kannada's Anchor & Head Of News

Live Law  

The Karnataka High Court has quashed criminal defamation proceedings initiated against a News Anchor and Head of News-1 Kannada TV channel based on the complaint filed by a police sub-inspector. Further, it was stated that the accused persons are working as News Anchor and Head of News-1 Kannada TV channel, on which, the said news is said to have been …

CID Crime Which Probes Serious Offences Has Been Lodging FIRs In Cases Of Civil Nature 'For Reasons Best Known' To Its DGP: Gujarat HC
3 months, 3 weeks ago

CID Crime Which Probes Serious Offences Has Been Lodging FIRs In Cases Of Civil Nature 'For Reasons Best Known' To Its DGP: Gujarat HC

Live Law  

The Gujarat High Court on Wednesday said that it had come across many matters where for reasons best known to its Direct General of Police, the CID Crime–a specialized unit focussed on preventing/investigating serious offences–has been in "recent times" registering FIRs related to civil disputes, particularly those involving financial transactions or property matters. The petitioners had filed a plea to …

Police should now give a copy of FIR along with notice while asking any person to come for questioning: Karnataka High Court
7 months, 3 weeks ago

Police should now give a copy of FIR along with notice while asking any person to come for questioning: Karnataka High Court

The Hindu  

In a judgment aimed at checking the abuse of power by the police, the High Court of Karnataka has now made it mandatory for the State police to provide a copy of the first information report along with the notice summoning a person to appear for questioning or investigation either as a witnesses or a suspect in connection with a …

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

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, 9 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, …

HC suggested to file murder FIR against 10 cops in Disha rape encounter case
2 years ago

HC suggested to file murder FIR against 10 cops in Disha rape encounter case

Deccan Chronicle  

HYDERABAD: Senior counsel Desai Prakash Reddy, who is the amicus curiae in the case of wrongful encounter of suspects in the Disha rape and murder case, on Monday suggested the Telangana High Court register an FIR of murder against the 10 police officers who took part in the encounter. Sirpurkar Commission for an inquiry, which submitted a report, following which …

Not Mandatory For The IO To File Chargesheet In Each FIR Lodged Under The SC-ST Act: Allahabad High Court
2 years, 1 month ago

Not Mandatory For The IO To File Chargesheet In Each FIR Lodged Under The SC-ST Act: Allahabad High Court

Live Law  

The Allahabad High Court has observed that it is not mandatory for the Investigating Officer to file a charge sheet in each and every case where an FIR has been lodged alleging the commission of offence under the SC/ST Act 1989.The Bench of Justice Rajan Roy and Justice Sanjay Kumar Pachori further clarified that Section 4 of the 1989 Act …

High Court Refuses To Quash Chargesheet Filed Under Karnataka Police Act Merely For Absence Of Independent Witnesses
2 years, 4 months ago

High Court Refuses To Quash Chargesheet Filed Under Karnataka Police Act Merely For Absence Of Independent Witnesses

Live Law  

The Karnataka High Court has refused to quash a chargesheet filed against an accused under the Karnataka Police Act merely because the Police did not cite any independent witness. It thus dismissed the petition filed by one Ramanji who is charged under Section 78 of the Police Act for allegedly running matka in a gambling bid. Ramanji submitted that the …

Only Investigating Agency Can Move Application For Further Investigation U/S 173(8) CrPC: Allahabad High Court
2 years, 8 months ago

Only Investigating Agency Can Move Application For Further Investigation U/S 173(8) CrPC: Allahabad High Court

Live Law  

The Allahabad High Court has the right of further investigation under Section 173 CrPC is given to investigating agency and only they can move an application before the magistrate for further investigation. The case before the Allahabad High Court One Ashok Kumar Jain filed an FIR against fifteen named accused persons including the petitioner and her husband under Sections 420, …

Court Barred U/S 468(2)(c) CrPC From Taking Cognizance If Charge Sheet For Offence With 3 Yrs Punishment Not Filed In 3 Yrs Of Incident: Karnataka HC
2 years, 8 months ago

Court Barred U/S 468(2)(c) CrPC From Taking Cognizance If Charge Sheet For Offence With 3 Yrs Punishment Not Filed In 3 Yrs Of Incident: Karnataka HC

Live Law  

The Karnataka High Court has said that Section 468 of CrPC specifies that no court shall take cognizance of the offences punishable with imprisonment for a period of three years after the expiry of three years from the date of alleged incident. A single judge bench of Justice Hemant Chandangoudar while allowing the petition filed by one Karan Menon said, …

Court Not Approached With Clean Hands: Calcutta HC Allows CBI To Commence Investigation Afresh After Filing Of Chargesheet By State Police For Same Offence
2 years, 10 months ago

Court Not Approached With Clean Hands: Calcutta HC Allows CBI To Commence Investigation Afresh After Filing Of Chargesheet By State Police For Same Offence

Live Law  

The Calcutta High Court on Monday upheld a Single Judge order allowing the Central Bureau of Investigation to take up investigation afresh in respect of a case pertaining to the West Bengal post poll violence even after the charge sheet had already been filed by the State police for the same offence and the case had already been committed for …

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

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

Section 167(2) CrPC - Default Bail Not Available For Not Filing Supplementary Chargesheet : Karnataka High Court
3 years, 7 months ago

Section 167(2) CrPC - Default Bail Not Available For Not Filing Supplementary Chargesheet : Karnataka High Court

Live Law  

The Karnataka High Court recently said that the supplementary charge sheet is only an additional material collected against the accused persons and that the provisions of Section 167 of Cr. "Section 167 of Cr.P.C., is applicable only when charge sheet is not laid down and it starts operative when accused is arrested during the course of investigation, but if charge …

Tipu Jayanti Tweets : Karnataka High Court Directs Magistrate To Decide Afresh Complaints Against Anant Kumar Hegde, CT Ravi
4 years, 1 month ago

Tipu Jayanti Tweets : Karnataka High Court Directs Magistrate To Decide Afresh Complaints Against Anant Kumar Hegde, CT Ravi

Live Law  

The Karnataka High Court has directed a Magistrate to consider afresh the criminal complaints against Union Minister Anant Kumar Hegde and BJP MLA CT Ravi over the statements made by them in the context of Tipu Jayanti celebrations in 2017. Secondly the court observed that "The sole ground on which the Trial Court has dismissed the complaint is that the …

Further Investigation and S.156(3) CR.P.C Prakash v/s State of Kerala does not appear to be fully correct
9 years, 7 months ago

Further Investigation and S.156(3) CR.P.C Prakash v/s State of Kerala does not appear to be fully correct

Live Law  

Towards the fag end of the trial faced by the husband of the deceased for an offence punishable under Section 498-A of the Indian Penal Code, the learned Magistrate ordered further investigation by invoking the power under Section 173 of the Code of Criminal Procedure, 1973. The learned Judge has, however, observed in the above verdict that the power of …

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