Sunday, 26 September 2021

Questions and answers on law Part 40

 Q 1:- Whether report under section 156 sub section 3 CR PC is binding on the Court?

 Ans: Report filed by police U/S 156 of CRPC is not binding on magistrate. He can disagree with police report and take cognizance against accused or drop prosecution against accused.
Supreme Court of India
Abhinandan Jha & Ors vs Dinesh Mishra on 17 April, 1967

Hon'ble Judges/Coram:
C.A. Vaidialingam and M. Hidayatullah, JJ

Citations: 1968 AIR 117, 1967 SCR (3) 668

Q 2:-  What are Types of Injunction?
Ans:  There are three main types of injunctions.
Temporary injunction,
perpetual injunction, 
mandatory injunction.

Q 3:- Whether police has right to conduct further investigation and under which provision?
Ans: Yes U/S 173(8) of CRPC.
Central Government Act
Section 173(8) in The Code Of Criminal Procedure, 1973
(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 regarding such evidence in the form prescribed; and the provisions of sub- sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub- section (2).
Q 4:- Whether victim has right to ask for further investigation if he/she is not satisfied by investigation carried out by police?
Ans: Trial court can direct further investigation on prayer of victim if he convinced that it is in the interest of justice to direct further investigation. 

There is no good reason given by the Court in these decisions as to why a Magistrate’s powers to order further investigation would suddenly cease upon process being issued, and an accused appearing before the Magistrate, while concomitantly, the power of the police to further investigate the offence continues right till the stage the trial commences. 
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS.478-479 OF 2017

Vinubhai Haribhai Malaviya  Vs  The State of Gujarat 

R.F. Nariman, J.
Dated:October 16, 2019.
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