Whether prosecution is entitled to produce any person as witness not named in the earlier charge-sheet

If we consider the above legal principles, the order dated 19.02.2008 of the trial Court summoning the witnesses named in the supplementary charge-sheet cannot be faulted with. It is true that after enquiry and investigation charges were framed on 11.03.2004 and thereafter in the course of trial about 21 witnesses were examined. In the meantime, Police submitted supplementary charge-sheet with certain new materials and on the basis of supplementary charge- sheet, the prosecution filed an application on 12.01.2008 in a pending Sessions Trial No. 63 of 2004 to the trial Court for summoning the persons named in the charge-sheet for their examination as prosecution witnesses.… Read More Whether prosecution is entitled to produce any person as witness not named in the earlier charge-sheet

Virender Prasad Singh vs Rajesh Bhardwaj & Ors [SC 2010 AUGUST]

KEYWORDS: Re- Investigation-Further investigation ‘Further investigation’ and `reinvestigation’ stand on different footing. It may be that in a given situation a superior Court in exercise of its Constitutional power, namely, under Articles 226 and 32 of the Constitution of India could direct a “State” to get an offence investigated and/or further investigated by a different… Read More Virender Prasad Singh vs Rajesh Bhardwaj & Ors [SC 2010 AUGUST]

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’

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?

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

Reeta NagVersus State of West Benga[SC 2009 August]

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).… Read More Reeta NagVersus State of West Benga[SC 2009 August]