The basic merit of the administration of criminal justice in the State lies in the face that the person arrested by the police is entitled to come before an independent and impartial Magistrate who is expected to deal with the case, without the Magistrate himself being in any way a partisan or a witness to police activities.… Read More Magistrates are the normal custodians of general administration of criminal justice
In our view, the High Court in exercise of its whatsoever jurisdiction cannot direct investigation by constituting a Special Investigation Team on the strength of anonymous petitions. The High Courts cannot be converted into Station Houses. If somebody is aggrieved by the impugned order of High Court then he is entitled to invoke the jurisdiction of Supreme Court under Article 136 of the Constitution of India.… Read More If no action is taken by police on information given to them, the informant’s remedy lies under Sections 190, 200, Cr. P.C., not a Writ Petition
though the Code of Criminal Procedure gives to the police unfettered power to investigate all cases where they suspect that a cognizable offence has been committed, in appropriate cases an aggrieved person can always seek a remedy by invoking the power of the High Court under Article 226 of the Constitution under which, if the High Court could be convinced that the power of investigation has been exercised by a police officer mala fide, the High Court can always issue a writ of mandamus restraining the police officer from misusing his legal powers… Read More Power of the police to investigate has been made independent of any control by the Magistrate
Section 211 of the Companies Act, 2013, has accorded statutory status to the Serious Fraud Investigation Office (SFIO). By virtue of various other provisions of the Companies Act, 2013, SFIO is vested with the requisite legal authority to conduct investigation.
KEYWORDS:-INVESTIGATION TO BE COMPLETED WITHIN TIME FRAME MANNER -DIRECTION BY MAGISTRATE- Registration of an F.I.R. involves only the process of recording the substance of information relating to commission of any cognizable offence in a book kept by the officer incharge of the concerned police station. The police should conduct a thorough investigation and complete the… Read More Hamant Yashwant Dhage Vs. State of Maharashtra and Others [SC 2016 FEBRUARY]
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]
CHAPTER 4 Investigation of Crime 1. Information of Crime 66. Reports submitted under Section 157 of the Code should be carefully and promptly scrutinized by the Magistrate to whom they are submitted. Scrutiny will not only permit him to decide whether action under Section 159 of the Code is desirable but will also, if he is… Read More Investigation of Crime [rules under Criminal Court Rules and order Madhya Pradesh]
CCTNS is a Mission Mode Project under the National e-Governance Plan (NeGP) of Govt. of India. CCTNS aims at creating a comprehensive and integrated system for enhancing the efficiency and effectiveness of policing through adopting of principle of e-Governance and creation of a nationwide networking infrastructure for evolution of IT-enabled-state-of-the-art tracking system around ‘Investigation of… Read More Crime and Criminal Tracking Network & Systems (CCTNS)
Whether an offence has been disclosed or not must necessarily depend on the facts and circumstances of each particular case. In considering whether an offence into which an investigation is made or to be made, is disclosed or not, the Court has mainly to take into consideration the complaint or the F.I.R. and the Court… Read More State of West Bengal and others Versus Swapan Kumar Guha and others[SC 1982 February]
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
‘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,… Read More 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… Read More 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… Read More When can a police officer investigate and when can he decline to investigate
The Prevention Of Corruption Act, 1988 S 17. Persons authorised to investigate. Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), no police officer below the rank, (a) in the case of the Delhi Special Police Establishment, of an Inspector of Police; (b) in the metropolitan areas of Bombay, Calcutta, Madras… Read More Investigation Into Cases Under The Prevention of Corruption Act 1988
Keywords: FURTHER INVESTIGATION Having regard to the scheme of Sections 154, 157 and 173 in particular of the Cr.P.C and the pattern of consequences to follow in the two contingencies referred to herein above, this Court propounded that in case the Magistrate is not inclined to take cognizance of the offence and issue process, the… Read More Amrutbhai Shambhubhai Patel Vs. Sumanbhai Kantibhai Patel & Ors.[SC 2017 FEB]