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N. J. JAMADAR
Melatharu Mining Company – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
1. This Petition under Article 227 of the Constitution of India, calls in question the legality, propriety and correctness of the Order 10/2/2021 below Exhibit 341 passed by the learned Judicial Magistrate, First Class, Sawantwadi, on an application in Regular Criminal Case No.72 of 2007, whereby the learned Magistrate rejected the Application preferred by the Petitioner, seeking direction to the police to file a supplementary chargesheet on the basis of the additional evidence i.e. audio-video record and documents produced by the Petitioner.
2. The litigation, which forms the subject matter of this Petition, seems to have a chequered histody. The Petitioner Company deals in the business of mining in Sindhudurg District and the State of Goa. The Petitioner Company claimed to have stored around 58000 metric ton of iron ore at Village Sateli, Taluka, Sawantwadi, District Sindhudurg. The accused threatened to invade the said property and remove iron ore therefrom. Though the Petitioner filed a written complaint with Sawantwadi Police Station, no effective action was taken and only a N.C.No.187 of 2004 was registered on the premise that the dispute was of civil nature. The accu
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.
Court affirmed that Magistrate can order further investigation, but not after charges have been framed without compelling justification.
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 cannot treat a case as a complaint after taking cognizance based on a charge-sheet; further investigation rights lie with the police.
The court emphasized the importance of fair and just investigation, clarified the power of further investigation under Section 173(8) of the Code of Criminal Procedure, and highlighted the non-compou....
The police have the right to conduct further investigation after a charge sheet is filed without needing prior permission from the Magistrate.
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