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SIDDHARTHA ROY CHOWDHURY
Palatak Ghosh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SIDDHARTHA ROY CHOWDHURY, J.
1. The petition under consideration takes exception to the order no. 56 dated 1st August, 2022 passed by learned Judicial Magistrate, 4th Court, Siliguri in G.R. Case No. 2909 of 2015 arising out of Siliguri P.S. Case No. 758 of 2015 dated 20th August, 2015.
1.1 Briefly stated, on 20th August, 2015, Sri Palatak Ghosh informed the Inspector-in-charge of Siliguri Police Station in writing that his father Sudhhir Chandra Ghosh was the owner of the property in question. On 15th August, 2015 the informant went to the said property when some local people informed that way back in the year 2000 the property was sold to some persons of Siliguri. It was quite surprising an information, and after searching the office of the concerned authorities he came to know that one deed of sale was executed in the name of his mother Bimala Bala Ghosh in favour of Debdas Mukherjee and five other persons on 12th November, 2000. Though the registration was completed in the year 2003 and duly transcribed in the Book No. I Volume No. 35 being no. 1516 for the year, 2003. Smt. Bimala Bala Ghosh did not execute the document no. 1517 of 2003. The document was forged and fabr
The main legal point established in the judgment is the right of the victim to fair investigation, the court's power to order further investigation under Section 482 of the Cr.P.C., and the principle....
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 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 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 accused has no right to seek further investigation after a charge sheet is filed, and discrepancies in evidence are to be resolved at trial.
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 police have the right to conduct further investigation after a charge sheet is filed without needing prior permission from the Magistrate.
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....
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