Head Note:- Code of Criminal Procedure, 1973 - Section 482 - Necessity of a proper investigation - An investigation is carried on for the purpose of gathering necessary materials for establishing and proving an offence which is disclosed. When an offence is disclosed, a proper investigation in the interests of justice becomes necessary to collect materials for establishing the offence, and for bringing the offender to book. In the absence of a proper investigation in a case where an offence is disclosed, the offender may succeed in escaping from the consequences and the offender may go unpunished to the detriment of the cause of justice and the society at large. Code of Criminal Procedure, 1973 - Section 482 - If the court interferes with the proper investigation in a case where an offence has been disclosed, the offence will go unpunished to the serious detriment of the welfare of the society and the cause of the justice suffers. It is on the basis of this principle that the court normally does not interfere with the investigation of a case where an offence has been disclosed. Code of Criminal Procedure, 1973 - Section 482 - If on a consideration of the relevant materials, the court is satisfied that an offence is disclosed, the court will normally not interfere with the investigation into the offence and will generally allow the investigation into the offence to be completed for collecting materials for proving the offence. Code of Criminal Procedure, 1973 - Section 482 - Merely because there is an arbitration clause in the agreement, that cannot prevent criminal prosecution against the accused if an act constituting a criminal offence is made out even prima facie. MARCH 19, 2012 CRIMINAL APPEAL NO.546 OF 2012 (Arising out of S.L.P. (Criminal) No. 5667 of 2008)
Posted on: Fri, 30 Aug 2013 02:51:35 +0000