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BIBHAS RANJAN DE
Chandana Sardar – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
BIBHAS RANJAN DE, J.
1. The instant revision application has been preferred assailing the order dated 03.03.2016 passed by Ld. Additional Sessions Judge, South 24 Parganas, corresponding to Criminal Motion no. 24 of 2015 arising out of an order dated17.04.2015 passed by Ld. Additional Chief Judicial Magistrate (for short A.C.J.M.) Diamond Harbour in connection with Usthi Police Station Case No. 286 of 2010 dated 30.10.2010 under Sections 376/420/493 of the Indian Penal Code (for short IPC).
Background:
2. After demise of the husband of the petitioner in the year 2003, the opposite party no. 2, being a friend of the deceased husband of the petitioner, used to frequently visit the house of the petitioner. From time to time the opposite party no. 2 used to help the petitioner financially. Gradually, the opposite party no. 2 gained the trust of the petitioner and picked up a relation with her. In the year 2004, the petitioner obtained a substantial amount from the office of her deceased husband. During that period, the opposite party no. 2 approached the petitioner for some money for the purpose of setting up cable business. Accordingly, the petitioner, out of good faith, grante
The main legal point established in the judgment is the mandatory obligation to conclude the investigation within the specified period under Section 167(5) of the Cr.P.C. and the limitations on the m....
The magistrate must consider the progress of the investigation and the sufficiency of materials on record before discharging the accused under Section 167(5) of the Cr.P.C.
The power to investigate is exclusively reserved for the police officers, and the High Court cannot change the investigating officer in the midstream and appoint any agency of its own choice to inves....
The accused do not possess the right to request further investigation under Section 173(8) of the Cr.P.C., as this power is reserved for the investigating agency and the court, ensuring that the inve....
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.
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....
A Magistrate cannot order further investigation after charges are framed; this power exists only at the pre-cognizance stage to ensure a fair investigation.
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.
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