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