Reinvestigation

Nagarajan T (Querist) 06 July 2022 This query is : Resolved
Police applied for reinvestgation. JMFC ordered for further investigation. Was Magistrate right in ordering for further investigation ?

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This discussion examines a Magistrate's decision to order further investigation when the police had initially applied for reinvestigation. It clarifies that a Magistrate is not strictly bound by police reports and can order further inquiry if deemed necessary for natural justice, provided the order isn't arbitrary. The key point of contention is the distinction between 'reinvestigation' and 'further investigation' and the Magistrate's authority in such scenarios.

kavksatyanarayana (Expert) 06 July 2022
The JMFC may order for reinvestigation for natural justice.

N.K.Assumi (Expert) 07 July 2022
As stated by the above expert, the Magistrate is not bound by the report of the Police for taking cognizance or not to take cognizance of the conclusions arrived by the police, as long as his order is not perverse or based on no material.

Dr J C Vashista (Expert) 08 July 2022
The Magistrate can not stop investigation by police.

Is it true police has applied for re-investigation ????

Two different versions have been posted by you, which is correct i.e., on the one hand you have started the sentence with, inter alia, "Police applied for re-investigation....." on the other you have submitted, inter alia, ".....JFMC ordered further investigation......", both of them are contradictory statements, which one of them is true?

P. Venu (Expert) 12 July 2022
Please post correct facts as well the context for the query.

Nagarajan T (Querist) 12 July 2022
I am correct. Police asked for orders to reinvestigate. But JMFC gave orders for further investigation

Dr J C Vashista (Expert) 13 July 2022
Some vital information is missing / misconstrued from the facts.
Why the police has prayed the court to allow "re-investigation", which is not available in the statute ?

Nagarajan T (Querist) 16 July 2022
The Police investigated the case in 1998-99. In 1999 they closed the case with C Final summary with order from JMFC Govt directed the police to reinvestigate in 2001. The Police applied to JMFC for reinvestigation. JMFC granted permission to further investigation

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