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PARTHIVJYOTI SAIKIA
Pranab Kumar Das – Appellant
Versus
State of Assam – Respondent
ORDER
Heard Mr. S. Mitra, the learned counsel appearing for the petitioner. Also heard Mr. D. Das, the learned Addl. Public Prosecutor, Assam representing the State.
2. This is an application under Section 482 of the CrPC praying for quashing the order dated 06.04.2023 passed by the learned Chief Judicial Magistrate, Nalbari in respect of Nalbari P.S. Case No.383/2018 under Sections 120B/409/420/201 of the Indian Penal Code.
3. The Sub-Divisional Engineer, Nalbari Electrical Sub-Division-I, APDCL, LAR, Nalbari had lodged an FIR before police on 04.06.2018. It was alleged that the present petitioner being the Junior Manager-II, had misappropriated and embezzled the revenue of APDCL under Nalbari Electrical Division. Till the date of filing of the FIR, the total amount allegedly misappropriated by the petitioner was approximately Rs.15,32,574/-.
4. Police conducted an inquiry and on conclusion of investigation, filed a Final Report for lack of evidence. The informant filed a protest petition before the Chief Judicial Magistrate, Nalbari.
5. On 06.04.2023, the court of the Chief Judicial Magistrate held that the investigating officer did not collect all the materials required for esta
Further investigation – If investigating officer obtains further oral or documentary evidence after Final Report has been filed before court in terms of Section 173(8), then only direction for furthe....
The distinction between 'further investigation' and 're-investigation' is critical; only higher courts can authorize re-investigation, while magistrates can direct further investigations within defin....
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.
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 main legal point established in the judgment is the discretion of the Magistrate to order further investigation based on the facts of each case and the importance of fair and just investigation, ....
The court emphasized the necessity of fair investigation in criminal proceedings and clarified the powers of the Magistrate to order further investigation under specific circumstances.
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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