Ipc 173(8)
Querist :
Anonymous
(Querist) 10 January 2012
This query is : Resolved
regards ! any one here who tell me abut
ipc 173(8) plz tell me ...what is this ?
V R SHROFF
(Expert) 10 January 2012
there is no IPC 173(8)[SUMMON SERVING 173 IPC]
U MUST BE TALKING ABT Cr.P.C. 173(8) Investigation by Police
Read Cr .P.C for further information
Devajyoti Barman
(Expert) 10 January 2012
Please read this section. It is for offence on prevention of issuance of summons.
V R SHROFF
(Expert) 10 January 2012
I believe he mean Cr.P.C 173(8)
as ipc 173(8) does not exist. only 173 exist.
Sushil Sharma
(Expert) 10 January 2012
Section 173 in The Code Of Criminal Procedure, 1973
173. Report of police officer on completion of investigation.
(1) Every investigation under this Chapter shall be completed without unnecessary delay.
(2) (i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating-
(a) the names of the parties;
(b) the nature of the information;
(c) the names of the persons who appear to be acquainted with the circumstances of the case;
(d) whether any offence appears to have been committed and, if so, by whom;
(e) whether the accused has been arrested;
(f) whether he has been released on his bond and, if so, weather with or without sureties;
(g) whether he has been forwarded in custody under section 170.
(ii) The officer shall also communicate, In such manner as may be prescribed by the State Government, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given.
(3) Where a superior officer of police has been appointed under section 158, the report shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation,
(4) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order- for the discharge of such bond or otherwise as he thinks fit.
(5) When such report is in respect of a case to which section 170 applies, the police officer shall forward to the Magistrate alongwith the report-
(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation;
(b) the statements- recorded under section 161 of all the persons whom the prosecution proposes to examine as its witnesses.
(6) If the police officer is of opinion that any part of any such statement is not relevant to the subject- matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request.
(7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub- section (5).
(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).
Advocate. Arunagiri
(Expert) 10 January 2012
What is your grievance, what is the advice you seek from us?
Nadeem Qureshi
(Expert) 10 January 2012
Dear Querist
According to section 173 (8) Crpc
(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).
The main point in this section is
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;
feel free to call
Nadeem Qureshi
(Expert) 10 January 2012
Dear Querist
Sri Bhagwan Samardha Sreepada v. State of AP, (1999)5 SCC 740 in this case held that
Power of police to conduct further investigation, after lying final report,is recognized u/s 173(8) Crpc. the court is not obliged to hear the accused before any such direction is made.
feel free to call
Raj Kumar Makkad
(Expert) 11 January 2012
I fully agree with Nadeem. Reinvestigation can even be conducted on the direction of concerned court.
Deepak Nair
(Expert) 11 January 2012
If you wanted to know only what the section provides for, then it is solved by the experts sufficiently.
Please put the purpose for the query so that you can be advised better.
Prabodh Shukla
(Expert) 11 January 2012
simple way , if judge not satishfy the investigation, he can order for further investigation..... and if you are not satishfy then you can move application for further investigation
atrick to make investigation pending avoid charge frame
simple
Regards
Adv. Prabodh Shukla
prabhakar singh
(Expert) 11 January 2012
A great deal of anticipation in absence of a problem.
Devajyoti Barman
(Expert) 12 January 2012
Yes the need of the author is still unclear.
Shonee Kapoor
(Expert) 13 January 2012
Unclear query,loads of replies.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Guest
(Expert) 15 January 2012
"regards ! any one here who tell me abut
ipc 173(8) plz tell me ...what is this ?"
***********
Most of
the experts above
have
"sufficiently"
told about the section 173(8) Cr.P.C.
to the querist.
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