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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Subhash Chandra Sharma,J.
Pradeep Kumar Maurya – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. quashing of charge sheet based on procedural irregularities. (Para 3 , 4) |
| 2. arguments against the legality of the charge sheet. (Para 5 , 6) |
| 3. fair investigation as a constitutional right. (Para 7 , 8 , 9 , 10) |
| 4. procedural requirements for police investigations. (Para 11 , 12 , 13 , 14) |
| 5. authority of police officers in investigations. (Para 15 , 16 , 17 , 18 , 19) |
| 6. restrictions on directing investigations by superior officers. (Para 20 , 21 , 22 , 23) |
| 7. charge sheet quashed due to illegal orders. (Para 24) |
JUDGMENT :
Subhash Chandra Sharma, J.
1. List revised none appeared for the opposite party no. 2 even in the revised call though notice has properly been served.
2. Heard Sri Bal Kshwar Srivastava, learned counsel for the applicant as well as learned A.G.A. Sri Rajesh Kumar Singh and perused the material on record.
3. The present application has been filed by the applicants with prayer to quash the impugned charge sheet bearing no. 17 of 2011, 17-A of 2011 dated 27.08.2011 arising out of crime No. 419 of 2010, under Section 147, 323, 504, 353 IPC , Police Station Wazirganj, District Lucknow, pending in the court of learned Judicial Magistrate, Lucknow transferred
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.
Investigation proceedings remain valid despite procedural defects if sufficient substantive evidence supports charges, emphasizing the necessity of proper police authorization and hierarchical compli....
The accused has no right to seek further investigation after a charge sheet is filed, and discrepancies in evidence are to be resolved at trial.
Corrupt practices - Investigation - It is for investigating agency to submit a report to Magistrate after full and complete investigation - Investigating agency may submit a report to effect that all....
Point of Law : Cognizance and trial cannot be set aside unless the illegality in the investigation can be shown to have brought about mis-carriage of justice.
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 Magistrate cannot retroactively classify a case as a complaint after taking cognizance based on an investigation report, as further investigations are solely under the police's purview without re....
Investigating Officers retain the right to conduct further investigation and file supplementary charge-sheets without court permission, although seeking such permission is an established practice.
The Magistrate cannot treat a case as a complaint after taking cognizance based on a charge-sheet; further investigation rights lie with the police.
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