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KAUSIK CHANDA
Maya Rani Manna – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
1. In this revisional application, the petitioner sought to assail a judgment and order dated December 12, 2019, passed by the learned Judicial Magistrate, 3rd Court, Serampore, Hooghly, whereby the learned Magistrate rejected a petition under Section 173(8) of the Code of Criminal Procedure, 1973.
2. It appears that in the instant case, a charge sheet was filed by the Investigating Agency under Sections 323/325/506 of the Indian Penal Code, 1860.
3. The defacto complainant by filing the said petition under Section 173(8) of the Code of Criminal Procedure prayed for further investigation of the case, inter alia, on the ground that the investigating agency ought to have incorporated Sections 354A and 307 in the charge sheet.
4. The petition for further investigation was opposed by the State.
5. Learned Magistrate after hearing both the parties rejected the said application holding, inter alia, as follows:
The power to further investigate under Section 173(8) of the Code of Criminal Procedure, 1973 continues until the trial commences, and can be exercised by the Magistrate suo motu in the interest of j....
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 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....
The absence of specific reasons in an application for further investigation renders the Magistrate's order permitting such investigation invalid.
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.
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 accused has no right to seek further investigation after a charge sheet is filed, and discrepancies in evidence are to be resolved at trial.
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