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Indian Laws - Highlights / Catch Notes

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Bribe - bribing the public servant, having abetted P.W. 1 for ...


Bribery Case: Investigation Procedural Error as FIR Filed After Cash Seizure, Impacting Legitimacy of Proceedings.

June 17, 2023

Case Laws     Indian Laws     HC

Bribe - bribing the public servant, having abetted P.W. 1 for commission of the offence - if it is a definite case that the accused came and gave money as it is cognizable offence, then registering FIR is mandatory and then the investigation officer could have seized the cash under the panchanama, but P.W. 5 seized the cash and started investigation prior to the registering the FIR. Therefore, the very foundation of the prosecution commencing the investigation and thereafter registering the FIR vitiates the entire investigation and proceedings. - HC

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