Back
K. SREENIVASA REDDY
Golla Syamala – Appellant
Versus
State of AP. – Respondent
JUDGMENT :
This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed to quash the Order dated 12.03.2018 passed in C.C. No.1051 of 2016 on the file of the II Additional Judicial Magistrate of First Class, Tanuku.
2. A charge sheet has been filed as against the petitioner for the offences punishable under Sections 419 and 420 of the Indian Penal Code, 1860 (for short, ‘IPC’) and 12 (1) (b), 12 (1) (d) and 12 (3) of the Passports Act, 1967. The learned Magistrate took cognizance of the case and framed charges against the accused for the offences punishable under Sections 419 and 420 IPC and 12 (1) (d) of the Passports Act, 1967. After completion of trial, the matter was heard on 05.03.2018 and posted to 12.03.2018 for judgment. On 12.08.2018, the learned Magistrate passed the impugned Order observing that investigation was not done in all material aspects, which shows that it is incomplete investigation, and accordingly, directed the Inspector of Police, Tanuku Town Circle to further investigate the case and file report.
3. Brief facts of the case that led to filing of the present Criminal Petition are as follows:
Once cognizance has been taken, Magistrate would be bereft of any competence to direct further investigation either suo motu or acting on request/prayer of the complainant/ informant.
The Magistrate has the power to order further investigation even after cognizance is taken and accused appears, if the facts of the case demand so, in the interest of justice and to avoid miscarriage....
A Magistrate cannot direct further investigation after taking cognizance and the accused person appears pursuant thereto, as per the legal principles established by the Hon'ble Supreme Court.
The Magistrate cannot treat a case as a complaint after taking cognizance based on a charge-sheet; further investigation rights lie with the police.
The Magistrate cannot retroactively classify a case as a complaint after taking cognizance based on an investigation report, as further investigations are solely under the police's purview without re....
The main legal point established in the judgment is that the police have the right to conduct further investigation even after the submission of the charge sheet before the Magistrate, and there is n....
The main legal point established in the judgment is that further investigation is a statutory right of the police under Section 173(8) of Cr.P.C, and formal permission from the Court is required if t....
The investigation agency has the statutory right to conduct further investigation under Section 173(8) of the Code of Criminal Procedure without seeking permission from the Magistrate.
The Magistrate cannot order further investigation suo motu after taking cognizance, and can only do so in exceptional circumstances upon the request of the investigating officer.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
