Investigation by Police
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Misuse and Abuse of Investigatory Powers of Police
The Supreme Court in State of Haryana and Ors. vs. Ch. Bhajan Lal and Ors., AIR 1992 SC 604 held- “Human dignity is a dear value of our Constitution. But if a police officer transgresses the circumscribed limits and improperly and illegally exercises his investigatory powers in breach of any statutory provision causing serious prejudice […]
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Difference between Further Investigation and Re-Investigation
Difference between “Further Investigation” and “Re-investigation” 51. There is no doubt that “further investigation” and “re-investigation” stand altogether on a different footing. In Ramchandran v. R. Udhayakumar and Others reported in (2008) 5 SCC 413, this Court has explained the fine distinction between the two relying on its earlier decision in K. Chandrasekhar v. State […]
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When the Court may Intervene during Investigation by Police
The Supreme Court of India in Manohar Lal Sharma vs. Principal Secretary and ors., (2014) 2 SCC 532 held- 29. In the criminal justice system the investigation of an offence is the domain of the police. The power to investigate into the cognizable offences by the police officer is ordinarily not impinged by any fetters. […]
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Copy of FIR to Accused – Supreme Court Guidelines
The Supreme Court of India has emphasized that providing a copy of the FIR to the accused is an essential step for ensuring fairness in the criminal justice system. It allows for a well-informed defense and promotes justice in criminal trials. In Youth Bar Association vs Union of India, WP(Crl.) 68/2016, the Supreme Court issued […]
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Power of Magistrate to direct further investigation – Section 156(3) CrPC
19. The power of the Magistrate under Section 156(3) to direct further investigation is clearly an independent power and does not stand in conflict with the power of the State Government as spelt out hereinbefore. The power conferred upon the Magistrate under Section 156(3) can be exercised by the Magistrate even after submission of a […]