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 … Continue reading Non-Advocate can represent a Party in Court
Registration of power of attorney is not compulsory. However, a power of attorney given for transfer of an immovable property of value more than Rs.100 must be compulsorily registered. If a power of attorney has been executed in a foreign country, the signature of the notary or judge before whom it is executed is required … Continue reading Registration of Power of Attorney
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, … Continue reading Whether High Court can invoke its extraordinary jurisdiction under article 226 if article 227 is, otherwise, not attracted
203. 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 … Continue reading Scope of High Court’s power to direct further investigation’ under articles 226, 227 and section 482 of the code
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, … Continue reading Whether the court’s power under section 311 and section 319 can be effective substitute for ‘further investigation’
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, … Continue reading Co-relation between fair investigation and fair trial
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. … Continue reading Can Session prosecution be conducted by the counsel of a victim ?
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 … Continue reading Distinction between the role of Public Prosecutor in a Session Trial vis-a-vis trial in Magisterial Courts
Under the Code ‘investigation' consists, generally, of the following steps: (1) Proceeding to the spot, (2) Ascertainment of the facts and circumstances of the case, (3) Discovery and arrest of the suspected offender, (4) Collection of evidence relating to the commission of the offence, which may consist of (a) the examination of various persons (including … Continue reading Concept of further investigation
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', … Continue reading Whether a subordinate court can direct further investigation to arrive at a just decision of a case?
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 … Continue reading Whether police, on its own, conduct further investigation after filing final report
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 … Continue reading The power of the police to conduct further investigation
‘Investigation', it may be noted, has been defined in section 2 (h) of the code. The Supreme Court, in H.N. Rishbud v. State of Delhi, AIR 1955 SC 196, dealt with the definition of ‘investigation' under the Code of Criminal Procedure, 1898, which is same as under section 2 (h) of the new code, and, … Continue reading Distinction between further investigation and re-investigation
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 … Continue reading The distinction between investigation directed under section 156(3) vis-a-vis section 202.
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 … Continue reading When can a police officer investigate and when can he decline to investigate
Under Criminal Procedure Code Section -176. Inquiry by Magistrate into cause of death (1) When the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 174, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 174, any … Continue reading Inquiry by Magistrate into cause of death
Keywords: Reinvestigation, Further investigation, once a charge-sheet is filed under Section 173(2) Cr.P.C. and either charge is framed or the accused are discharged, the Magistrate may, on the basis of a protest petition, take cognizance of the offence complained of or on the application made by the investigating authorities permit further investigation under Section 173(8). … Continue reading Reeta NagVersus State of West Benga[SC 2009 August]