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 crime and detection of criminals’. […]
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 may in appropriate cases take into consideration the relevant facts and circumstances of the case. On a consideration of all the relevant materials, the Court has to come to the conclusion whether an offence is disclosed or not. If on a consideration of the relevant materials, the Court is satisfied that an offence is disclosed, the Court will normally not interfere with the investigation into the offence and will generally allow the investigation into the offence to be completed for collecting materials for proving the offence. If, on the other hand, the Court on a consideration of the relevant materials is satisfied that no offence is disclosed, it will be the duty of the Court to interfere with any investigation and to stop the same to prevent any kind of uncalled for and unnecessary harassment to an individual.
Final Report The decision, in STATE OF RAJASTHAN VS. ARUNA DEVI AND OTHERS[1995 SCC (1) 1] , 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 such an investigation too, a ‘police […]
‘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, upon analyzing the provisions of […]
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 have taken ‘cognizance’ of an […]
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 writing, shall be signed by […]
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 and Ahmedabad and in any […]
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 informant must be given an opportunity of being heard so that he can make his submissions to persuade the Magistrate to take cognizance of the offence and issue process.
173 (8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports […]
Police Regulation for criminal Investigation[extract from PRB] 1. Recording of information in General Diary: Officer-in-charge of a police station can record any information in G.D U/S 44 Police Act. 2. 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 […]