KEYWORDS: Re- Investigation-Further investigation ‘Further investigation’ and `reinvestigation’ stand on different footing. It may be that in a given situation a superior Court in exercise of its Constitutional power, namely, under Articles 226 and 32 of the Constitution of India could direct a “State” to get an offence investigated and/or further investigated by a different agency. Direction of a reinvestigation, however, being forbidden in law, … Continue reading Virender Prasad Singh vs Rajesh Bhardwaj & Ors [SC 2010 AUGUST]
228. Coupled with the above, since the present appellant’s application was made under articles 226 and also 227, and, as we have already indicated above article 227 was not attracted, as against that part of the order, whereby the learned trial court had declined to direct further investigation at the instance of the present appellant, there was no impediment, on the part of the learned … Continue reading Whether High Court can invoke its extraordinary jurisdiction under article 226 if article 227 is, otherwise, not attracted
203. What is, now, extremely important to note is that article 227 vests in the High Court the power of supervisory jurisdiction so as to keep the courts and tribunals within the bounds of law. When a court’s order is correct and in accordance with law, the question of reversing such an order in exercise of power under article 227 does not arise. Same is … Continue reading Scope of High Court’s power to direct further investigation’ under articles 226, 227 and section 482 of the code
194. Before proceeding further, it needs to be noted that section 311 of the code,cannot be a substitute for investigation or further investigation inasmuch as investigation does not consist of only examination of persons acquainted with the facts of a given case either as witnesses or as accused; rather, investigation involves various other steps, such as, search and seizure. Investigation may also include various forensic examinations. … Continue reading Whether the court’s power under section 311 and section 319 can be effective substitute for ‘further investigation’
Under the Code ‘investigation’ consists, generally, of the following steps: (1) Proceeding to the spot, (2) Ascertainment of the facts and circumstances of the case, (3) Discovery and arrest of the suspected offender, (4) Collection of evidence relating to the commission of the offence, which may consist of (a) the examination of various persons (including the accused) and the reduction of their statements into writing, … Continue reading Concept of further investigation
Whether a subordinate court can, as held in Mehar Sing’s case (supra), direct, in the name of advancing the cause of justice, ‘further investigation’? In answer to this volcanic question and disagreeing with the views expressed, in Mehar Sing’s case , that court can, in order to advance the cause of justice, direct ‘further investigation’, the Supreme Court clearly pointed out, in Randhir Singh Rana’s … Continue reading Whether a subordinate court can direct further investigation to arrive at a just decision of a case?
While considering the above aspect , it needs to be noted that before coming into force of the Code of Criminal Procedure, 1973, there was no specific provision in the Code of Criminal Procedure, 1898, authorizing or empowering the police to conduct ‘further investigation’. There was, therefore, difference of opinion on this aspect of law in the pronouncements of various High Courts. On the suggestion … Continue reading The power of the police to conduct further investigation
Keywords: Reinvestigation, Further investigation, once a charge-sheet is filed under Section 173(2) Cr.P.C. and either charge is framed or the accused are discharged, the Magistrate may, on the basis of a protest petition, take cognizance of the offence complained of or on the application made by the investigating authorities permit further investigation under Section 173(8). The Magistrate cannot suo moto direct a further investigation under … Continue reading Reeta NagVersus State of West Benga[SC 2009 August]