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G. A. SANAP
Maheshkumar Hargovind Goyal – Appellant
Versus
State of Maharashtra, through Police Station Officer – Respondent
JUDGMENT :
1. RULE. Rule made returnable forthwith. Heard finally by consent of the learned advocates for the parties.
2. In this petition, filed under Article 227 of the Constitution of India, challenge is to the order dated 07.06.2022, passed below Exh.80 by learned Judicial Magistrate, First Class, Court no.10, Nagpur, whereby learned Magistrate was pleased to grant permission to the Investigating Officer to conduct further investigation and file supplementary charge-sheet against the petitioner under Section 173 sub-Section (8) of the Code of Criminal Procedure (hereinafter referred to as “the Cr.P.C.” for short).
3. The facts giving rise to this petition are as follows :
The petitioner is accused no.7 in a crime bearing No. 343/2016, registered at Police Station, Wadi, Nagpur City, Nagpur for the offences punishable under Sections 420, 465, 468, 471 read with Section 34 of the Indian Penal Code. The sum and substance of the case of the prosecution is that on 18.06.2016, the Tahsildar, Nagpur Gramin, lodged a report at Police Station, Wadi. In his report, he has stated that the owners of land bearing survey Nos.103/1 and 103/2, admeasuring 6.27 HR, namely the Directors of Ankur
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 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....
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 police have the right to conduct further investigation after a charge sheet is filed without needing prior permission from the Magistrate.
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 trial Court has the discretion to permit further investigation without providing detailed reasons, and the need for further investigation can be justified based on the quality of previous investi....
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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