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AJAY KUMAR GUPTA
Piyali Saha – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
AJAY KUMAR GUPTA, J.
1. The petitioner has filed this criminal revisional application under Section 483 read with Section 482 of the Code of Criminal Procedure, 1973 in connection with G.R. Case No. 741/2019 and corresponding to Amherst Street Police Station Case No. 233/2019 dated 8th August, 2019 under Sections 325/354/384/328/364/307/506/120B of the Indian Penal Code pending before the Learned Additional Chief Metropolitan Magistrate, 2nd Court, Calcutta, praying for monitoring the investigation by this Hon’ble High Court and further sought for passing direction for time bound investigation and/or pass such orders as may deem fit and proper.
2. The factual matrix of the instant case is that the petitioner/complainant filed a petition of complaint under Section 156 (3) of the Cr.P.C. before the Court of learned Additional Chief Metropolitan Magistrate, 2nd Court, Calcutta and same was registered as Misc. Case No. 34/2019 against Prasenjit Saha, Aparajita Saha, Paritosh Saha, Pitama Sha Sikdar, Dr. Bijoy Jacob, Dr. Soumya Chatterjee and employees of Antara Psychiatric Hospital with contentions and allegations that the petitioner is the legally married wife of opposite part
The main legal point established in the judgment is that the inherent powers of the High Court under Section 482 of the Cr.P.C. are not limited by the provisions of the Cr.P.C., and the Court should ....
The court affirmed that magistrates cannot order further investigations post-cognizance without evidence of malafide, upholding the legitimacy of the charge sheet filed under Section 498A.
The magistrate has no power to order further investigation suo motu or on the request of the complainant/informant after cognizance is taken and the accused person appears, nor does the magistrate ha....
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 emphasized the wide powers of a Magistrate under Section 156(3) Cr.P.C. to order registration of an FIR, direct proper investigation, and monitor the same. It also highlighted the need for ....
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....
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