Samaj Parivartan Samudaya Vs. State of Karnataka
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Head Note
The Code of Criminal Procedure, 1973 - Section 154 , Section 156
Commission of cognizable offence - Registration of FIR - A suspect has no indefeasible right of being heard prior to initiation of the investigation, particularly by the investigating agency - There is no provision in the Criminal Procedure Code where an investigating agency must provide a hearing to the affected party before registering an FIR or even before carrying on investigation prior to registration of case against the suspect.
The Code of Criminal Procedure, 1973 - Section 154 , Section 200
Commission of cognizable offence - Complaint received by Magistrate - Magistrate is competent direct registration of FIR.
The Code of Criminal Procedure, 1973 - Section 154 , Section 200
Complaint case and FIR - Commission of cognizable offence - Complainant has option either to lodge on FIR or file a complaint before Magistrate - Where FIR is lodged, it is for police to investigate and establish commission of offence - Where complaint is lodged, burden will lie on complainant to establish the offence.
The Code of Criminal Procedure, 1973 - Section 156 (3) , Section 173 (8)
Further investigation - Police investigating a cognizable offence and submitting charge-sheet - Further investigation by the investigating agency, after presentation of a challan (charge sheet in terms of Section 173 Criminal Procedure Code ) is permissible in any case impliedly but in no event is impermissible - Police may file supplementary charge sheet is necessary.
The Code of Criminal Procedure, 1973 - Section 173 (8) , Section 202
Further investigation - A magistrate is competent to direct further investigation in terms of Section 173(8) Criminal Procedure Code in the case instituted on a police report - Similarly, the Magistrate has powers under Section 202 Criminal Procedure Code to direct police investigation while keeping the trial pending before him instituted on the basis of a private complaint in terms of that Section.
The Code of Criminal Procedure, 1973 - Section 173 (8)
Further investigation - Police investigating a cognizable offence and filing charge-sheet before Magistrate - Magistrate has jurisdiction to order for further investigation.
The Code of Criminal Procedure, 1973 - Section 210 , Section 216
Criminal Complaint with regard to commission of offence filed before Magistrate - Police also investigating the Commission of same offence - The Complaint case and case instituted on a police report for the commission of the same offence can proceed simultaneously and the Court would await the Police report before it proceeds with the complaint in such cases.
The Code of Criminal Procedure, 1973 - Section 216 , Section 227 , Section 228 , Section 173 (8) , Section 311 , Section 391
Alteration of charge - Charge- sheet submitted before Magistrate - In cases where cognizance has been taken and where a substantial portion of investigation/trial have already been completed and where a direction for further examination would have the effect of delaying the trial, if the trial court is of the opinion that the case has been made out for alteration of charge etc., it may exercise such powers without directing further investigation.
The Code of Criminal Procedure, 1973 - Section 319
Summoning of person as additional accused - Where the investigating agency has submitted the charge- sheet before the court of competent, jurisdiction, but it has failed to bring all the culprits to book, the Court is empowered under Section 319 Criminal Procedure Code to proceed against other persons who are not arrayed as accused in the charge- sheet itself.
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