Criminal Investigation Archives

Writ Court cannot direct filing of charge-sheet

Writ Court can’t compel filing of charge-sheets or fix rigid trial timelines; it may affect Investigating Officers’ discretion: Supreme Court

A litigant cannot be placed in a worse position merely for having approached the court.

jurisdiction to investigate Prevention of Corruption offences

State Police or its specialised agency can investigate Prevention of Corruption Act offences against Central Government Employees: Supreme Court

“The Vigilance and Anti-Corruption Bureau (VACB) is also a wing of State Police. The offences under the PC Act are also cognizable and can, therefore, be investigated by the State Police or VACB.”

Case Briefs High Courts

‘Foreign national can’t be indefinitely restricted in India by LOC without being named as accused’; Madras HC directs completion of probe against Seychelles citizen within one year

“The investigation cannot remain indefinitely pending, and it shall not extend beyond a reasonable period, so as to infringe upon the petitioner’s right to life under Article 21 of the Constitution of India.”

Case Briefs High Courts

Kerala HC dismisses plea challenging integrity certificate granted to IO over alleged faulty probe in Walayar rape death case; Upholds Decision by Home Secretary

Walayar rape death case was a seven-year-old case relating to the rape and alleged murder of two minor sisters at Walayar

Case Briefs High Courts

Madras High Court issues guidelines for police investigation to restrict ‘harassment’ of persons in criminal complaints

The Court made it clear that it would not usually interfere with police investigation under Section 482 of CrPC, but it would not turn a blind eye to instances of harassment by the police under the guise of investigation.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Reopening of the assessment is indemonstrable in law as reasons inserted in Section 147 IT Act were not considered as evidence: ITAT

It is a trite law that the reasons, as recorded for reopening the reassessment, are to be examined on a standalone basis to determine the validity of proceedings under section 147 IT Act.

Know thy Judge

Know Thy Newly Appointed Supreme Court Judge- Justice Dipankar Datta

Former Chief Justice of the Bombay High Court, Justice Dipankar Datta, was sworn in as a Supreme Court Judge. His appointment now raises the judicial strength of the Supreme Court to 28 out of total strength of 34 judges