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M. NAGAPRASANNA
State By Mahadevapura Police Station Represented By State Public Prosecutor – Appellant
Versus
Padmavathamma C. , @ Padmavathi, W/O Late Srinivasa H. V. – Respondent
ORDER :
AGAPRASANNA, J.
The State is knocking at the doors of this Court calling in question an order passed by the learned Special Judge in Spl.C.No.1897/2023, directing further investigation to be conducted by the Crime Investigation Department (for short ‘the CID’), which was not the Investigating Agency which had earlier conducted investigation.
2. Heard Sri Jagadeesha B.N., learned Additional State Public Prosecutor along with Sri Thejesh P., learned High Court Government Pleader for the petitioner and Sri Murthy D. Naik, learned senior counsel for Sri Sandeep C.T., learned counsel for respondent.
3. Facts in brief, germane, are as follows:
A crime comes to be registered in Crime No.208/2023 for offences punishable under Sections 302 r/w. 34 of the IPC on an incident that happens on the same day. The police file a charge sheet before the concerned Court after completion of investigation for the aforesaid offences. After filing of the charge sheet, CW.3 - mother of the deceased files an application under Section 156(3) of the Cr.P.C. seeking further investigation to be done in the case. While the application was sought only for further investigation, the concerned Court allows the a
The court established that further investigation must be conducted by the same agency that filed the charge sheet, ensuring adherence to procedural law.
The court emphasized that further investigation must be justified by new evidence or deficiencies in the prior investigation, and the discretion to order it lies with the Magistrate based on case fac....
Further investigation – Police ought to follow procedure of seeking permission from Court to conduct “further investigation” and file supplementary chargesheet – Power to direct further investigation....
Further investigation – Whether further investigation should or should not be ordered is within discretion of Magistrate who will exercise such discretion on facts of each case and in accordance with....
The court cannot direct the investigating agency on how to conduct investigations, as this undermines the autonomy of the police and the principles of fair trial.
The accused has no right to seek further investigation after a charge sheet is filed, and discrepancies in evidence are to be resolved at trial.
The judgment established the wide powers of the Magistrate to order further investigation at all stages of the criminal proceedings until the trial commences, as provided under Section 156(3) and Sec....
A Magistrate cannot order further investigation after charges are framed; this power exists only at the pre-cognizance stage to ensure a fair investigation.
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