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SUSMITA PHUKAN KHAUND
Abdul Sukur S/o Late Faizul Haque – Appellant
Versus
State of Assam – Respondent
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JUDGMENT :
SUSMITA PHUKAN KHAUND, J.
1. Heard Mr. F.K.R. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Sharma, learned Addl. P.P. for the respondent Nos. 1 and 2 (State) and Mr. S.Y. Ahmed, learned counsel for respondent No. 3.
2. The petitioner Abdul Sukur has filed an application under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) read with Section 397 Cr.P.C. for quashing the impugned order dated 11.08.2021 passed in Case No. PRC 1109(H)/2021 arising out of Murajhar P.S. Case No. 223/2021 passed by the learned Chief Judicial Magistrate (CJM for short) Sankardev Nagar, Hojai and for quashing and setting aside the Charge Sheet No. 238(A)/2021 dated 18.08.2021 forwarding seven (7) accused under Sections 147/302/325 of the Indian Penal Code (IPC for short).
3. The FIR unfolds that Saifuddin and Kala Miya indulged in eve teasing and the victim was ‘X’. The informant ‘Y’ was the aunt of the victim. When the victim informed the informant of being harassed by Saifuddin and Kala Miya, the informant’s husband took the victim ‘X’ to the house of Saifuddin and Kala Miya and there was a discussion between the guardians but the youths Saifuddin and Kala Mi
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 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....
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....
Investigating Officers retain the right to conduct further investigation and file supplementary charge-sheets without court permission, although seeking such permission is an established practice.
The police have the right to conduct further investigation after a charge sheet is filed without needing prior permission from the Magistrate.
The court emphasized the importance of fair and just investigation, clarified the power of further investigation under Section 173(8) of the Code of Criminal Procedure, and highlighted the non-compou....
The investigation agency has the statutory right to conduct further investigation under Section 173(8) of the Code of Criminal Procedure without seeking permission from the Magistrate.
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