The material evidence which needs chemical examination should be sent immediately to the Forensic Science Laboratory without delay. Special care is to be taken in cases where viscera is preserved by the doctor for final opinion on the point of cause of death. The viscera loses its characteristics within six month so it is to be ensured that it reaches FSL within one month of its being collected. If it is not observed by the IO then
prima facie it would be understood that the evidence is destroyed by the IO and he would be dealt with severly.
Where prosecution and defence are both inadequate, CD will enable the court to rise up to the occasion and discover for itself the material facts and circumstances from the case diary, which can be brought to light through the witness examined in the case to arrive at the truth in the interest of justice.
Non-cognizable information: O/C of a Police station has no power to investigate a non–
Cognizable information, he can record it in G.D U/S 155 CrPC or 44 Police Act and ask the informant to seek for an order from a competent court for investigation/enquiry of such information (245 PRB).
That train of reasoning is what logicians call a syllogism, and has all its various parts and terms,—its major premiss, its minor premiss and its conclusion. And, by the help of further reasoning, which, if drawn out, would have to be exhibited in two or three other syllogisms, you arrive at your final determination, “I will not have that apple.”
This code of practice applies in respect of criminal investigations conducted by police officers which begin on or after the day on which this code comes into effect. Persons other than police officers who are charged with the duty of conducting an investigation as defined in the Act are to have regard to the relevant provisions of the code, and should take these into account in applying their own operating procedures.
From a plain reading of sub-section (2) and sub-section (8) of Section 173, it is evident that even after submission of police report under sub-section (2) on completion of investigation, the police […]
Bail during investigation: – When an accused is released on bail during investigation he shall be bound over to appear in Court after the charge-sheet is filed and summons served on him. It is not necessary to bind him to appear on any earlier date or dates.
The writ petition has only added substance to the requirement of an in-depth investigation. The Court is therefore in requirement of a verifiable independent expert opinion on the results of the investigation collected so far.
Criminal Procedure Code, 1973—Sections 154(1) and 157(1)- The injured person or any relative of the deceased, though not entitled to notice from the Magistrate, has locus to appear before the Magistrate at the time of consideration of the report, if he otherwise comes to know that the report is going to be considered by the Magistrate and if he wants to make his submissions in regard to the report, the Magistrate is bound to hear him.
Jyotsna Roy -VS- State of West Bengal & Ors.-Considering the nature of duties and in the jurisdiction exercised by the deceased and considering the death of the deceased at the age of 52 years while in service, such an event cannot be taken lightly, irrespective of whether a writ petition had been filed or not. The writ petition has only added substance to the requirement of an in-depth investigation. The Court is therefore in requirement of a verifiable independent expert
opinion on the results of the investigation collected so far.