In Sankara Narayanan, President and Chief Operating Officer, Asianet Satellite Communications Limited Vs. Subbiah IAS, the Hon'ble Kerala High Court on deciding whether Final Report filed by the Investigation Officer can be substituted by another Final Report under Section 173 of Criminal Procedure Code, 1973 held that court below wanted to get the Final Report substituted by another Final Report, which course is not contemplated under any of the provisions contained in the Code of Criminal Procedure. This is a case wherein the Final Report was not returned for curing defects, or for proper presentation. The court below “remitted the final report” which is unknown to legal procedure.
Special Leave Petition (Crl.) No. 8907 of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that respondents-financer had forcibly taken away the vehicle financed by them and illegally deprived the petitioner from its lawful possession and thus, committed a crime. The complaint filed by the petitioner had been entertained by the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case No. 608 of 2009, even directing the interim custody of the vehicle (Maruti Zen) be given to the petitioner vide order dated 17.3.2009. The respondent on approaching the Guwahati High Court against this order, the hon'ble court squashed the criminal proceedings pending before the learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...
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