Upgrad LLM

power of magistrate to order further investigation??

Police Officer

SHO file the final report before the magistrate stating that the case may be treated as "further action dropped" as sufficient evidence is not there to prove the commission of crime. The course of action taken during investigation was described in detail in final report.

 

Magistrate returned the final report to the investigating agency with order for further investigation by another investigating officer.

 

Under which section of law is magistrate empowered to order further investigation and change of IO?

 
Reply   
 

S.156(3) Cr.P.c.

 
Reply   
 


advocate

mr.anil kumar is correct.


Total likes : 1 times

 
Reply   
 
Police Officer

Thanks Anil Sir. Some more queries.

 

The FIR was registered on the basis of CMP forwarded to police by the magistrate u/s 156(3) CrPC and final report was submitted after completion of investigation.

 

Does 156(3) CrPC empowers magistrate to order further investigation after final report is filed?  Is there any rulings interpreting 156(3) as such?

 

Can police file appeal in higher court against the order of magistrate?

 
Reply   
 
Adv P & H High Court Chandigarh

I disagree with both the aforementioned experts. Please go through Cr. P. C. and hen answer in the forum. Section 173 (8) Cr. P. C. is the proper section vide which magistrate can order for making- re-investigation. There is no ocassion to use 156 (3) Cr. P. C. at this stage as FIR has already been lodged and final report thereof has already been submitted.


Total likes : 1 times

 
Reply   
 
Advocate

I agree with Mr.Makkad

 
Reply   
 
Police Officer

Does173(8) CrPC empowers magistrate to order reinvestigation. Is n't it the power of Police to give additional evidence after filing final report?

 

 

 
Reply   
 
Publishers

I hereby reproduce para 9 from the judgment of Supreme Court in the case of Gangadhar Janardan Mhatre Vs.  State of Maharashtra and Ors.  (2005 (2) LJSOFT (SC) 46)

"When a report forwarded by the police to the Magistrate under Section 173(2)(i) is placed before him several situations arise. The report may conclude that an offence appears to have been committed by a particular person or persons and in such a case, the Magistrate may either (1) accept the report and take cognizance of the offence and issue process, or (2) may disagree with the report and drop the proceeding, or (3) may direct further investigation under Section 156(3) and require the police to make a further report. The report may on the other hand state that according to the police, no offence appears to have been committed. When such a report is placed before the Magistrate he has again option of adopting one of the three courses open i.e., (1) he may accept the report and drop the proceeding; or (2) he may disagree with the report and take the view that there is sufficient ground for further proceeding, take cognizance of the offence and issue process; or (3) he may direct further investigation to be made by the police under Section 156(3). The position is, therefore, now well-settled that upon receipt of a police report under Section 173(2) a Magistrate is entitled to take cognizance of an offence under Section 190(1)(b) of the Code even if the police report is to be effect that no case is made out against the accused. The Magistrate can take into account the statements of the witnesses examined by the police during the investigation and take cognizance of the offence complained of and order the issue of process to the accused." 


Total likes : 3 times

 
Reply   
 
Publishers

Distinction between the expressions "investigation" and "inquiry". Term "inquiry" falls in the domain of Court while investigation and all its facets exclusively come under the domain of the investigating agency.

 
Reply   
 
Publishers

"Further" investigation is the continuation of the earlier investigation and not a fresh investigation or reinvestigation to be started ab initio wiping out the earlier investigation altogether. Section 173(8) of Cr.P.C. does not give right to fresh investigation or reinvestigation


Total likes : 1 times

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x