section 173(8) CrPC Archives

S. 173(8) CrPC | ‘Frivolous & vexatious proceedings be met with due sanctions’; SC quashes further investigation order in decade-old murder case

‘Even if the parties involved in a case themselves, with no valid justification attempt to delay the proceedings, the Courts need to be vigilant and nip any such attempt in the bud instantly. Pleadings with outrageous & ex facie unbelievable averments being made; Frivolous & vexatious proceedings be met with due sanctions to dissuade parties from resorting to such tactics.’

Case Briefs Supreme Court

Further Investigation permissible even after the final report laid before the Magistrate has been accepted: Supreme Court

The Supreme Court made clear that further investigation cannot be put at par with prosecution and punishment and hence, the principle of double jeopardy would not apply.

Case Briefs High Courts

Ker HC | It is not proper for a HC to exercise its jurisdiction under Art. 227 of Constitution of India even before a petitioner had approached appropriate court below in that regard

Kerala High Court: R. Narayana Pisharadi J., dismissed the original petition filed under Article 227 of the Constitution where the petitioner prayed

Case Briefs High Courts

J&K HC | Further investigation under Section 173(8) CrPC allowed on ground that relevant evidences were left out

Jammu and Kashmir High Court: A Bench of Sanjay Kumar Gupta, J. allowed this petition seeking a direction to the official respondents

Case Briefs Supreme Court

Once cognizance has been taken, Magistrate cannot suo motu direct further investigation

Supreme Court: Interpreting Section 173 CrPC with reference to the power of the investigative agency, the Court said that the un-amended and