will deal with the question of defective or improper
investigation resulting from the acts of omission and/or commission,
deliberate or otherwise, of the Investigating ... been acts of omission and commission which
have resulted in improper or defective investigation.
ii) Whether such default and/or acts of omission and commission
charge sheet filed against said accused Ramesh
Yadav being based on improper investigation and contrary to procedure
with intention to save the real culprits ... filing the charge sheet on the
basis of such improper and incomplete investigation, the real culprits
have not been brought before the court to hold
maximum limit within which an
investigation is to be completed, it does not
mean that the investigation is to be kept
pending for decades. There ... case and
aggrieved by and dissatisfied with the
investigation alleging improper
investigation, complaints of threat to him or
his family or the witnesses
accused and the witnesses, non-
production of important prosecution witnesses and
improper investigation of the case. On a thorough
examination of the entire evidence
play in the hands of investigating officer in case where investigation is defective. He
has recorded the statement of PW-8 Rakesh Kumar ... done at the police station itself. There is
another example of improper investigation by SI Pratap Singh which has been
highlighted by Learned Counsel
directed to hand over the investigation to an
independent agency like CBI, after giving a finding that the investigation in
the said case ... State of Gujarat ) it is held that
if there is improper investigation by the State Police and high police officials
are involved, direction for investigation
whether there is sufficient ground for entering on
an investigation even before he starts an investigation into the facts
and circumstances of the case ... claim of the de facto complainant is
destructive inasmuch as for improper investigation of a case he has
sought for quashing of the entire proceeding
Radhakrishnan vs Circle Inspector Of Police on 4 March, 2009
Bench: A.K.Basheer , P
will deal with the question of defective or
improper investigation resulting from the acts of omission
and/or commission, deliberate or otherwise, of the
investigating ... grave suspicion, the
Court must examine whether the lack of or improper investigation has
resulted in incompleteness or uncertainty. If the investigation leave a
number
present at the scene of occurrence. Thus, after an elaborate investigation
and on obtaining legal opinion, the 4th respondent deleted the name of A1
from ... interlocked provisions so as to
correct the errors in regard to improper investigation on the part of the
investigating officer. He has further submitted
