Amit (NA) 08 January 2017

Further investigation

I filed a complaint and FIR was registered and investigation completed. Charge sheet was filed under passport act against accused. But the police failed to get sanction order from the government as required under section 15 of passports act. So I asked police for it. When police asked magistrate for further investigation, the magistrate refused permission. The PP claims that a stay in proceedings needs to be obtained from high Court for further investigation. My questions: 1. Can a magistrate refuse further investigation? 2. Is stay necessary for further investigation? 3. In this case, can police directly investigate and obtain sanction order without even asking court? 4. Any SC judgments related to all this? Thanks.

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2 Replies

Adv. Yogen Kakade (+ 91 9225510883) 08 January 2017

Hi,

A Magistrate certainly has powers to reject the application for further investigation if the further investigation is not necessary at this stage. While refusing the court has to mention the grounds for such rejection. Please mention the order given by the court.

When the matter is subjudised, the IO ( Investigating officer ) can investigate the matter. Even if the Charge sheet is filed before the court, the additional charge sheet can be put before the court.

You being the original complainant in the case, you can certainly appoint your own lawyer to assist the PP.

Judgements and citations are not provided here.

Adv. Yogen Kakade

Jurycon Incorporation (Advocates & Consultants)
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Phone: 020-65248888 / 09225510883

Amit (NA) 11 January 2017

Thanks for the reply.

I found some SC judgments saying that the furhter investigation is statutory right of the police and the permission of the Magistrate is not mandatory but only formal.

The Police have asked for further investigation which they was rejected by the Magistrate.

Can I ask the prosecutor to file an application u/s 173(8) for further investigation?

Should I go to HC and ger a Direction Order to Police for obtaining Sanction Order?

Also my question was is Stay in the proceedings needed for further investigation?

Thanks