Investigation Archives

No presumption of rape can be made out between minor wife and husband if physical relationship is specifically denied: Allahabad High Court

Mazid Bayan is also a part of investigation, and it can be relied on by Investigating Officer while filing a final report/ charge sheet and only caveat is that it may not be a tutored statement or recorded only for the purpose of predetermined object to continue investigation in a particular way and it may not be on whimsical approach of Investigating Officer.

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

Bombay High Court upholds acquittal of a driver being accused of negligent driving and death of a bicycle driver for lack of evidence

Strange state of affairs; Neither investigating authority prepared rough map nor Trial Court took pain in recording correct directions for want of evidence

Case Briefs High Courts

Delhi High Court grants bail to an accused alleged of duping customers into taking loans through Chinese mobile application ‘Agile Loan’

It is the case of the prosecution that the present applicant helped other Chinese nationals who were responsible for building the loan app and facilitating the opening of bank accounts of non-existent companies for the transfer of duped money.

Case Briefs Supreme Court

Economic offences under PMLA not to be treated lightly, Courts should tread meticulously before granting bail: Supreme Court

The Supreme Court stated that in the case of an economic offence which has a severe impact on the society, the Courts should be very slow in exercising the discretion under Section 438 of CrPC.

Case Briefs High Courts

Delhi High Court upholds LOC issued by SFIO for alleged siphoning off public funds of public sector banks and financial institutions

LOCs impinge upon the individual’s right to travel which is recognised as a Fundamental Right. However, the rights and interest of the investing public would also be a relevant consideration which cannot be ignored.

Case Briefs High Courts

Delhi High Court | Disclosure of reports and dossiers relating to terrorist acts under investigation is barred by RTI Act

The Mumbai blasts which are the subject matter of the reports, were one of the worst terror attacks on India, leading to hundreds of deaths and hundreds of injured persons. Thus, reports/dossiers on such investigations can have a major bearing on India’s security, sovereignty and integrity.

Case Briefs High Courts

Virginity test conducted on a female detainee/accused under investigation/custody whether judicial/police is unconstitutional; Delhi High Court issues directions

To hold that conducting virginity test on a woman who is victim of sexual assault and on a woman who may be an accused of an offence will be on different footing or that the earlier will be unconstitutional and the later constitutional, will be a perverse finding and against the intent of the Constitution of India and Article 21. However, this should not mean to be taken to be a shield for the detainee from legitimate interrogation by police as per the procedure established by law.

Case Briefs High Courts

P & H High Court denies bail to Punjab IAS Officer, Sanjay Popli in corruption case

A Huge number of valuables including gold and silver bricks were recovered at Sanjay Popli’s home during investigation. Thus, the Punjab and Haryana High Court found it unsafe to release him at this stage while investigation is still underway for another case pertaining to accumulation of disproportionate assets.

Case Briefs High Courts

An order of discharge would be warranted only in cases where Court is satisfied that there are no chances of conviction, and trial would be a futile exercise; Allahabad High Court reiterates

Allahabad High Court has held that the Trial Court has, after analysing the entire facts and evidence have concluded that there is sufficient ground to frame charges against the accused, and thus has rejected the discharge application. So, there is no illegality in the impugned order

Case Briefs High Courts

Provisional Attachment Order rests merely on an assumption of ED; Delhi High Court quashes Order passed by ED being arbitrary and illegal

The writ petitions raise an important question relating to the powers of the Enforcement Directorate (ED) to provisionally attach properties under Section 5 of the Prevention of Money Laundering Act, 2002 (PMLA) even though no proceedings relating to the predicate offense may have been initiated by the competent agency functioning under an independent statute and in terms of which the scheduled offense stands created.

Case Briefs High Courts

Several questions are unanswered by the NIA in Antilia Bomb Scare case; Bombay High Court rejects bail to Pradeep Sharma for alleged involvement in Mansukh Hiren murder case

NIA has not done an investigation with respect to the co-conspirators involved in planting gelatin sticks in the Scorpio vehicle. We hope and trust that NIA, in right earnest, will investigate this aspect since further investigation under Section 173(8) is pending.

Case Briefs Supreme Court

Right to Information| Chargesheets and final reports not equivalent to FIRs; can’t be published on State Websites for public access: Supreme Court

The prayer seeking free public access to chargesheets and final reports was made relying on ruling in Youth Bar Association of India v. Union of India, (2016) 9 SCC 473, wherein the Supreme Court had directed copies of FIRs to be published within 24 hours of their registration on the police websites or on the websites of the State Governments.

Case Briefs Supreme Court

Investigating Agencies deserve reasonable time to conduct investigation, Supreme Court sets aside Madras HC order quashing a criminal proceeding in haste

The Supreme Court noticed that in the case at hand, without giving any reasonable time to the investigating agency to investigate the allegations in the FIR, the Madras High Court has, in haste, quashed the criminal proceedings.

Case Briefs Supreme Court

Explained| Can bail be cancelled on merit once the accused is released on default bail?

“The Courts have the power to cancel the bail and to examine the merits of the case in a case where the accused is released on default bail and released not on merits earlier. Such an interpretation would be in furtherance to the administration of justice.”

Case Briefs High Courts

Delhi High Court grants bail to an accused allegedly engaged in cheating citizens of the United States of America from a fake call center

Delhi High Court: In a bail application filed by the accused, Kapil Taneja, seeking bail for alleged offences under Sections 419, 420,

Know thy Judge

Know Thy Judge | Justice Chudalayil Thevan Ravikumar

Justice C.T. Ravikumar is known among the legal circle for having a firm grasp of precedents and statutory provisions.. We have curated some of his important High Court and Supreme Court decisions.

Case Briefs High Courts

Delhi High Court grants bail to an accused in an illegal international telephone exchange setup located in Chawri Bazar, Old Delhi

The case involves illegal international telephone exchange setup was found in Chawri Bazar, Old Delhi run by one Zulifiqar Ali alias Raja by using new era software-driven technology for routing calls from foreign countries like USA, UAE, Canada, Australia, etc. to India via illegal route of internet by passing the legal international and national call gateways of India.

Case Briefs High Courts

Allahabad High Court| No illegality in taking written statement of witness under Section 161 CrPC when reduced into writing in presence of witnesses as well as I.O.

A written statement sent by post or deliver by another person, may not fall under ‘to examine orally' but a written statement submitted by witness himself to I.O., and if the I.O. has assured its genuineness and reduced it in writing, shall be a statement duly recorded under Section 161 CrPC.

Case Briefs High Courts

Delhi High Court initiated criminal contempt proceedings after Registrar’s (Vigilance) inquiry revealed fabricated IPAB Order was placed on record

The Delhi High Court had initiated criminal contempt proceedings against defendants in a suit after the Registrar (Vigilance)’s inquiry revealed that the defendants placed a fabricated Intellectual Property Appellate Board’s Order on record.