Karishma Sahu 30 April 2021

What are the options before magistrate.

What are the options before magistrate when a final report file during the court of trial the evidence is revealed that the investigation officer not truthful with the investigation and the real offender was not brought before the court the magistrate suo moto ordered further investigation State the legality of the action by the magistrate.

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4 Replies

Pradipta Nath (Advocate) 30 April 2021

File a protest petition.

SHIRISH PAWAR, 7738990900 (Advocate) 30 April 2021

Hello,

As per my opinion, magistrate has already ordered further investigation so wait for him to file report. If same report is filed again in that case you can proceed under private complaint against the accused.

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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 30 April 2021

WHY not question the action of the Magistrate by following due procedures of law.

Keep Smiling .... Hemant Agarwal
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ADVOCATE NITIN KAPOOR (Advocate) 30 April 2021

Magistrate has power to direct further investigation suo moto and this is done by the magistrate under Section 173 (8) Crpc. What you can do is to file protest petition if unsatisfied with the report of the police.

Regards,

NITIN KAPOOR

Mob: 8800692624