Non-Advocate can represent a Party in Court

In Harishankar Rastogi v/s. Giridhari Sharma, AIR 1978 Supreme Court 1019, wherein after considering the provisions u/sec.29, 30, 32 of the Advocates Act and u/sec.302, 303,304 & sec. 2 (q) of Cr. P. C. the Hon’ble Apex Court has held that, in appropriate case the Court can grant the permission to even non Advocate person to represent the party… Read More Non-Advocate can represent a Party in Court

Whether High Court can invoke its extraordinary jurisdiction under article 226 if article 227 is, otherwise, not attracted

228. Coupled with the above, since the present appellant’s application was made under articles 226 and also 227, and, as we have already indicated above article 227 was not attracted, as against that part of the order, whereby the learned trial court had declined to direct further investigation at the instance of the present appellant,… Read More Whether High Court can invoke its extraordinary jurisdiction under article 226 if article 227 is, otherwise, not attracted

Scope of High Court’s power to direct further investigation’ under articles 226, 227 and section 482 of the code

What is, now, extremely important to note is that article 227 vests in the High Court the power of supervisory jurisdiction so as to keep the courts and tribunals within the bounds of law. When a court’s order is correct and in accordance with law, the question of reversing such an order in exercise of… Read More Scope of High Court’s power to direct further investigation’ under articles 226, 227 and section 482 of the code

Whether the court’s power under section 311 and section 319 can be effective substitute for ‘further investigation’

194. Before proceeding further, it needs to be noted that section 311 of the code,cannot be a substitute for investigation or further investigation inasmuch as investigation does not consist of only examination of persons acquainted with the facts of a given case either as witnesses or as accused; rather, investigation involves various other steps, such as,… Read More Whether the court’s power under section 311 and section 319 can be effective substitute for ‘further investigation’

Co-relation between fair investigation and fair trial

186. Having pointed out the role, which a Public Prosecutor is required to play, particularly, in a sessions trial, it may also be, at the cost of repetition, emphasized that a defective, biased or mala fide investigation or a tainted investigation cannot give rise to a valid charge sheet, because such on investigation would, ultimately,… Read More Co-relation between fair investigation and fair trial

Can Session prosecution be conducted by the counsel of a victim ?

In Shiv Kumar`s case , the legislative intention becomes manifestly clear that prosecution, in a sessions court, cannot, under the scheme of the Code, be conducted by any one other than the Public Prosecutor. The Legislature reminds the State that the prosecution of every accused must strictly conform to fairness of a criminal trial. 177.… Read More Can Session prosecution be conducted by the counsel of a victim ?

Distinction between the role of Public Prosecutor in a Session Trial vis-a-vis trial in Magisterial Courts

170. We may  point out that under the scheme of the Code, a sessions trial is required to be conducted by a Public Prosecutor and not by a counsel engaged by the aggrieved party. 171. In Shiv Kumar , the appellant, who carried the matter to the Supreme Court, was aggrieved, because the counsel, engaged… Read More Distinction between the role of Public Prosecutor in a Session Trial vis-a-vis trial in Magisterial Courts

Whether a subordinate court can direct further investigation to arrive at a just decision of a case?

Whether a subordinate court can, as held in Mehar Sing’s case (supra), direct, in the name of advancing the cause of justice, ‘further investigation’? In answer to this volcanic question and disagreeing with the views expressed, in Mehar Sing’s case , that court can, in order to advance the cause of justice, direct ‘further investigation’,… Read More Whether a subordinate court can direct further investigation to arrive at a just decision of a case?

Whether police, on its own, conduct further investigation after filing final report

143. The decision, in STATE OF RAJASTHAN VS. ARUNA DEVI AND OTHERS[Supreme Court Of India, 08 Nov 1994] , has, thus, two important aspects, namely, even after acceptance of the ‘final report’, ‘further investigation’, at the instance of the police, is permissible even if no permission has been formally obtained from the Magistrate and, if on completion of… Read More Whether police, on its own, conduct further investigation after filing final report

The power of the police to conduct further investigation

While considering the above aspect , it needs to be noted that before coming into force of the Code of Criminal Procedure, 1973, there was no specific provision in the Code of Criminal Procedure, 1898, authorizing or empowering the police to conduct ‘further investigation’. There was, therefore, difference of opinion on this aspect of law… Read More The power of the police to conduct further investigation

The distinction between investigation directed under section 156(3) vis-a-vis section 202.

Magistrate’s power to direct ‘investigation’ under section 156(3) vis-a-vis his power to direct ‘investigation’ under section 202. This, in turn, brings us to the question as to what taking of ‘cognizance’, within the scheme of the Code, means, when a Magistrate can take ‘cognizance’ of an offence, or, when can a Magistrate be said to… Read More The distinction between investigation directed under section 156(3) vis-a-vis section 202.

When can a police officer investigate and when can he decline to investigate

sub-section (1) of section 154 provides that every information, relating to the commission of a cognizable offence, if given orally to an Officer-in-Charge of a police station, shall be reduced to writing by him or under his direction and be read over to the informant and every such information, whether given in writing or reduced to… Read More When can a police officer investigate and when can he decline to investigate