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advocatemmmohan

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since 1985 practicing as advocate in both civil & criminal laws

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Sunday, October 3, 2010

SEC.173 OF Cr.P.C. - report / charge sheet -II

sec. 159 power to hold investigation or preliminary inquiry - such magistrate, on receiving such report, may direct an investigation, or if he thinks fit, at once proceed, or depute any magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or other wise to dispose of the case in the manner provided in this code. sec.160. -power to require attendance of witnesses and sec.161- examination of witnesses by police .sec.162 no statement recorded should be signed by witness explanation- an omission to state a fact or circumstance in the statement referred to in sub-sec,[1] may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amount s to a contradiction in the particular context shall be a question of fact.sec.163 - no inducement to be offered .Sec. 164 recording of confessions and statement.Sec.164-A medical examination of the victim of rape. sec. 165 search by public officer sec.166 obtaining search warrants sec.166 A letter of request for investigation out side India and sec.166B- letter of request by out side India to investigate in concerned court , in India.SEC. 167 PROCEDURE WHEN INVESTIGATION CANNOT BE COMPLETED WITH IN 24 HOURS. whenever an accused is arrested and detained in custody- 24 hours is fixed by sec.57 for completing investigation. sec.168 report of investigation by subordinate police officer . sec. 169 release of accused when evidence deficient if it appears to the SHO that there is no sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a magistrate, such officer may release him on [bail] his executing a bond with or without sureties. sec. 170 - if found grounds he shall send the accused to the judicial custody or if bailable release him on bail. sec.171 complainant and witnesses should bot be restrained for accompany police officer.sec.172 diary of proceedings in investigation