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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MR. JUSTICE J. C. DOSHI, J
Patel Sunil Jayantilal – Appellant
Versus
Vijay Govindlal Modi – Respondent
ORDER :
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the petitioner has prayed to quash and set aside order dated 15.10.2015 passed by the learned District and Sessions Judge, Gandhinagar in Criminal Revision Application No.46 of 2015.
2. Heard learned advocates appearing for the respective parties.
3. Though served, none remained present for the respondent No.1.
4. In a criminal case, the de facto complainant preferred an application Exh.13 for seeking further investigation of the offence at the stage where 8 witnesses are already examined. Learned CJM, Gandhinagar vide order dated 7.5.2015 dismissed the application by giving cogent reasons relying upon various judgments by believing that right to seek further investigation is lying with the investigating officer if he found some new and cogent evidence. The de facto complainant has no right to prefer application u/s 173(8) of the Code in the midst of trial.
4.1 Having been aggrieved by said judgment and order, the de facto complainant preferred Criminal Revision Application No.46 of 2015 before the learned Sessions Court, Gandhinagar, who was pleased t
The power to order further investigation under Section 173(8) of the Code of Criminal Procedure exists until the trial commences, and the de facto complainant cannot seek such an order once the trial....
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....
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....
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.
Point of Law : There is no bar on the part of the learned Sessions Judge to give direction for further investigation even in the absence of such prayer before him, if facts and circumstances of the c....
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 court affirmed that thorough investigations were conducted, finding no deficiencies or evidence of foul play, thus denying the request for re-investigation.
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