usage of the term ‘judicial proceedings’. The
term has been defined in Section 2(i) of the Cr.P.C. which includes
any proceeding ... civil Court; it can be
easily concluded that an investigation done by the enforcement
authority is not a judicial proceeding and Section
cxcluded from the purview/scope of investigation/enquiry
defined under Rule 16 of the 1982 Rules.
Secondly, challenge to the FIR has been dealt with ... Rules. That apart, Rule 2(iv)
which defines "Investigation" and Rule 16 have also not been
considered. Further status, jurisdiction and authority
Police Station or that of an adjoining Station. The
language itself defines the extents of the power of requiring attendance
and the same ... provision are „police officer making
investigation‟. The Cr.P.C . itself defines investigation in the following
terms:-
"2(h) "investigation" includes
Chandresh Marskole vs The State Of Madhya Pradesh on 4 May, 2022
Author: Atul Sreedharan
validates the search and the procedure adopted during the investigation.
20. Panchnama has not been defined anywhere in the law. However, it is a document ... Code of Criminal Procedure (for short "the Code") defines investigation to include all the proceedings under the Code for collection of evidence conducted
period of
detention undergone by him during any investigation or inquiry and such
period would be set off against the remainder of the sentence ... referred to Section 2(h) of Cr.P.C.,
which defines ‘investigation’ and held that all
proceedings for collection of evidence etc., is
investigation
complainant and the witnesses or as a result of the investigation
and the enquiry ordered is not satisfied that there are sufficient
grounds for proceeding ... this judgment, Section 2(h) of the 1973
Criminal Procedure Code defines "investigation" in the same
terms as the earlier definition contained
charge sheet."
x) The Apex Court referring to the investigation as defined
under Section - 2 (h) of the Cr.P.C ., Chapter ... Apex
Court, it is also relevant to refer to investigation as defined under
Section - 2 (h) of the Cr.P.C ., which is as under
section 190(1)(b) Criminal Procedure Code, 1973.
(4) That if the investigation is not completed either within 90
days or 60 days ... time being in force, arrest without
warrant. Section 2(h) defines "investigation" as including all
proceedings under the Code for the collection
Magistrate to ensure a proper investigation
which, without doubt, would include the ordering
of further investigation after a report is
received by him under Section ... definition of
"investigation" under Section 2(h) .
13. It is apposite to refer to "Investigation"
define in Section 2(h) reads