further investigation

Ladhu Ram Chowdhary (Querist) 05 June 2008 This query is : Resolved
futher investigation -Application for-Dismissed by trial Magistrate -complaint before Magistrate -matter referred by magistrate u/s.156(3)-police didn't investigate the matter fairly and filed negative final report-Madistrate dismissed the application for re-investigation with view that complainant may produce the evidence during trial- Whether Magistrate justified ?

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amit gupta_lawyer (Expert) 07 June 2008
yes,as its a discritionary power of magistrate to give directions for detailed investigation if he is not satisfied with the earlier investigation but u cannot compel magistrate for doing it if magistrate is satisfied with the investigation report, however complainant can always produce certain facts before the court and can convince the court that the present investigation report is not covering the same and further investigation is required.

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