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A. BADHARUDEEN
Muhiyudheen @ Moideen, S/o. Alavikutty – Appellant
Versus
Sub-Inspector Of Police Vazhakkad Police Station – Respondent
ORDER :
(A. Badharudeen, J.)
This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’ for short), by the sole accused in S.C.No.1027/2023 on the files of the Court of Sessions, Manjeri, seeking the following prayers:
II) To pass an order directing the second respondent to conduct a further investigation in Crime No.256/2023 of Vazhakkad Police Station.”
2. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor in detail. Perused the relevant documents.
3. In this matter, the prosecution alleges commission of offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as ‘IPC’ for short) by the accused. The specific allegation is that the accused, who is none other than the husband of the victim, married the victim on 16.07.2010, as per religious ceremonies. While living as husband and wife, the victim noticed the illicit relationship of the accused with other ladies and she informed the
Investigation by a Sub Inspector in a murder case is valid under statutory provisions despite a Circular suggesting higher authority involvement.
The District Collector cannot order police investigations on non-cognizable offenses without following due procedure under the CrPC.
Point of Law : Section 537 of the Code of Criminal Procedure which is in the following terms is attracted Subject to the provisions herein before contained, no finding, sentence or order passed by a ....
The judgment establishes the principle that thorough and impartial investigations, especially in cases involving police officers, are essential for upholding the integrity of the legal system and ens....
The court held that prima facie evidence supported the framing of charges under the IPC and SC & ST Act, affirming that lack of territorial jurisdiction does not invalidate the investigation.
Investigation proceedings remain valid despite procedural defects if sufficient substantive evidence supports charges, emphasizing the necessity of proper police authorization and hierarchical compli....
Further investigation under Section 173(8) of Cr.P.C. does not require formal court permission to validate supplementary reports if sufficient evidence exists for inclusion of an accused.
The authority to file a charge sheet rests solely with the Investigating Officer, and any directive from a superior officer is unlawful, violating the right to a fair investigation.
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