Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Investigation into a criminal offence

Friday, September 03, 2010
Investigation into a criminal offence

Investigation into a criminal offence — Held, the investigation into a criminal offence must be free from objectionable features or infirmities which may legitimately lead to a grievance on the part of the accused that investigation was unfair and carried out with an ulterior motive — It is also the duty of the Investigating Officer to conduct the investigation avoiding any kind of mischief and harassment to any of the accused — The Investigating Officer should be fair and conscious so as to rule out any possibility of fabrication of evidence and his impartial conduct must dispel any suspicion as to its genuineness — The Investigating Officer “is not to bolster up a prosecution case with such evidence as may enable the court to record conviction but to bring out the real unvarnished truth”.

 
Investigation into a criminal offence

Investigation into a criminal offence — Held, investigation must be fair, transparent and judicious as it is the minimum requirement of rule of law. Investigating agency cannot be permitted to conduct an investigation in tainted and biased manner. Where noninterference of the court would ultimately result in failure of justice, the court must interfere.  

 
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