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1 - 10 of 20 (0.28 seconds)Section 173 in The Indian Penal Code, 1860 [Entire Act]
Section 397 in The Code of Criminal Procedure, 1973 [Entire Act]
The Code of Criminal Procedure, 1973
Central Bureau Of Investigation vs R.S. Pai And Another on 3 April, 2002
The underlined portion "shall", as a matter of fact, mandates
an Investigating Officer to place the additional material / evidence
before the Court. It may be noted that in the judgment referred to
by the learned counsel for the petitioner in Central Bureau of
Investigation v. R.S. Pai's case (cited supra), the Supreme Court
while holding that "shall" occurring in Section 173(8) cannot be
interpreted as mandatory, on the other hand, preserved the right
under Section 173(8) and held that the word "shall" in the context
of the duty of the Investigating Officer has to be viewed as
mandatory, in the interests of justice.