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SUBHENDU SAMANTA
Latifur Rahaman – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Subhendu Samanta, J.
1. This is an application u/s 482 of the Code of Criminal Procedure 1973 against the impugned order of cognizance taken on 28.12.2017 in connection with charge sheet being Nalhati Police Station charge sheet no. 204 of 2017 dated 30.09.2017 u/s 143/341/323/325/326/506 of IPC on the basis of an order dated 23.02.2016 directing for reinvestigation of the criminal case being Nalhati PS case No. 250 of 2012 dated 31.10.2012 u/s 147/148/149/341/325/326/307 of IPC and against the entire criminal proceedings being Nalhati Police Station PS case No. 250 of 2012 dated 31.10.2012 pending before the Learned Additional Chief Judicial Magistrate Rampurhat, Birbhum.
2. The brief fact of the case is that the present opposite party has filed a written complaint through the ACJM Rampurhat u/s 156 Sub-clause 3 Cr.P.C. against the petitioners and 07 others alleging thereby an offence punishable u/s 147/148/149/341/325/326/307 IPC. The said application was forwarded to the OC Nalhati PS for conducting investigation treating the same as FIR. On receiving such application the Nalhati PS case No. 250/12 dated 31.10.2012 was started.
3. After investigation police has submitted
The power of further investigation by the Magistrate under Section 173(8) of Cr.P.C. and the relevance of the de-facto complainant's objection in directing further investigation.
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....
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 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 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....
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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