Under Article 142 of the Constitution this Court in exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any ’cause’ or ‘matter’ pending before it. The expression “cause” or “matter” would include any proceeding pending in court and it would cover almost every kind of proceeding in court including civil or criminal.
Supreme Court redefined and explained the role of Public and Private prosecutors in case of Sessions Trial
Where public prosecutor finds material indicating that the accused legitimately deserves a benefit during the trial, he must not conceal it.
Second FIR – filing another FIR in respect of the same incident having a different version of events is permissible. (Vide: Ram Lal Narang v. State (Delhi Admn.), AIR 1979 SC 1791; Sudhir and Ors., v. State of M.P. AIR 2001 SC 826; T.T. Antony v. State of Kerala and Ors., AIR 2001 SC 2637; Upkar Singh v. Ved Prakash and Ors., AIR 2004 SC 4320; and Babubhai v. State of Gujarat and Ors., (2010) 12 SCC 254).
the bank account of the accused or any of his relations is “property” within the meaning of Section 102 of the Criminal Procedure Code and a police officer in course of investigation can seize or prohibit the operation of the said account if such assets have direct links with the commission of the offence for which the police officer is investigating into.
Code of Criminal Procedure is devised to sub serve the ends of justice and not to frustrate them by mere technicalities. It regards some of its provisions as vital but others not, and a breach of the latter is a curable irregularity unless the accused is prejudiced thereby.
Grant of anticipatory bail at the stage of investigation may frustrate the investigating agency in interrogating the accused and in collecting the useful information and also the materials which might have been concealed. Success in such interrogation would elude if the accused knows that he is protected by the order of the court. Grant of anticipatory bail, particularly in economic offences would definitely hamper the effective investigation.
Availability of an alternative remedy of filing an appeal is not a bar in accepting petition under Section 482 of Cr.P.C.
Punjab State Warehousing Corporation Faridkot Vs Sh. Durga Ji Traders and Others —Criminal Procedure Code, 1973—Sections 205, 317 and 482—dismissal of complaint for default—Restoration application dismissed on the ground of availability of an alternative remedy —Trial Court dismissed complaint on a hyper technical ground that since complainant had been appearing in person despite order exempting him from personal appearance—An order of exemption from personal appearance continues to be in force till it is revoked or recalled—Availability of alternative remedy of filing appeal is not an absolute bar in entertaining petition under Section 482—Complaint restored.
Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected.