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bhupender sharma (head)     16 December 2009

power of Magistrate

what are the power of the magistrate after filing the challan under section 173(2) can he direct the investigation further or he will act on the report submitted by the I.O.


 6 Replies

N.K.Assumi (Advocate)     16 December 2009

The court is not bound to accept autamatically  the challan filed by the I.O. and he can direct further investigation.

bhupender sharma (head)     16 December 2009

 Mr. Assumi, under which provision he can direct. If so then the magistrate is interfering into investigation as the police has already power under section 173(8) in this regard.

N.K.Assumi (Advocate)     16 December 2009

After the chage sheet is submitted by the investigation officer, and when the Magistrate is in sesin of the case, can he conduct further investigation without the permission of the Magistrate?

Kamal Grover (Advocate High Court Chandigarh M:09814110005     17 December 2009



I agreed with Mr.Asumi

Anish goyal (Advocate)     17 December 2009

Power to order further investigation is under section 156(3)

Pankaj Rai (Lawyer)     17 December 2009

The Magistrate empowered to take cognizance of the offence on a police report or to order to reinvestigate the case or forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit.

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