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Advocate Abhijeet singh (ADVOCATE)     30 August 2023

Further investigation under section 173(8) crpc

Good evenings 


May kindly clear that can accused file application for reinvestigation under section 173(8) crpc;


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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     31 August 2023

In a case started on the basis of a police report, the Magistrate has no authority to order "reinvestigation" or "new investigation" (de novo. Following the submission of a police report, a Magistrate has the authority to order "further investigation" under Section 173(6) of the Code.

It is a rule of law that justice not only has to be done but also must appear to have been done for which Court can exercise its residuary power to direct further investigation or reinvestigation by any impartial agency.

Further Investigation permissible even after the final report laid before the Magistrate has been accepted: Supreme Court. The Supreme Court made clear that further investigation cannot be put at par with prosecution and punishment and hence, the principle of double jeopardy would not apply.


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