Back
K. SUJANA
Cellix Bio Pvt. Ltd. – Appellant
Versus
State of Telangana – Respondent
ORDER :
This Criminal Petition is filed aggrieved by the order dated 16.09.2023 in Crl.M.P.No.4009 of 2023 in Cr.No.181 of 2023 of P.S.CCS, DD, Hyderabad.
2. The petitioners herein are accused Nos.1, 2 and 6 (A.1, 2 and 6). The 1st petitioner is a registered company, 2nd petitioner is the Managing Director of A.1-company at the relevant time and 3rd petitioner is the wife of 2nd petitioner. For the sake of convenience the petitioners hereinafter referred to as A.1, A.2 and A.6.
3. A.1 is a Pharmaceutical Drug Design and Development company. A complaint was filed by the 3rd respondent/defacto complainant with the Station House Officer, Central Crime Station, Basheerbagh, Hyderabad against six accused including the petitioners, which was registered as Cr.No.181 of 2022 under Sections 406 and 420 r/w.Section 34 of Indian Penal Code (for short ‘I.P.C’).
4. The brief facts of the case are that the 3rd respondent is the founder of U.S. based company and in the year 2018, A.2 approached him seeking investment in A.1-Company at Hyderabad for developing various medical solutions for various diseases. Accordingly, the 3rd respondent invested Rs.45,01,60,000/- in A.1-company. In the said process,
The trial Court erred in ordering further investigation without discussing the police's final report, violating procedural requirements under the Cr.P.C.
The court confirmed that a Magistrate must either personally inquire into a complaint or direct a police investigation, but not both, particularly in complaints involving police officers.
The judgment established the wide powers of the Magistrate to order further investigation at all stages of the criminal proceedings until the trial commences, as provided under Section 156(3) and Sec....
A Magistrate lacks jurisdiction to direct police investigation under section 202 of the Criminal Procedure Code for offences exclusively triable by the Sessions Court.
A Magistrate must apply judicial discretion and provide reasoning when referring a matter for investigation under Section 156(3) of the Cr.P.C.; mechanical orders are unsustainable.
An order summoning an accused in a criminal case is not an interlocutory order and revision is maintainable. The Magistrate must apply his mind to the facts of the case and law governing the issue an....
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....
The Magistrate cannot treat a case as a complaint after taking cognizance based on a charge-sheet; further investigation rights lie with the police.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
