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A. BADHARUDEEN
Asha, W/o. Antony @ Sibichan – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala – Respondent
ORDER :
(A. Badharudeen, J.)
This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS’ for short) by the accused in Crime No.248/2024 seeking the following reliefs:
(ii) grant such other reliefs as this Hon’ble Court may deem fit and proper as on the facts and circumstances of the case.”
2. The petitioner is the 6th accused in the above case, where he alleged to have committed offences punishable under Sections 447, 323, 341, 324, 325, 326, 307 read with 34 of Indian Penal Code ('IPC' for short). It is submitted by the learned counsel for the petitioner that at the time of registering FIR, the petitioner was not arrayed as an accused. Originally accused Nos.1 to 5 were alleged to have committed the above offences after forming into unlawful assembly with knowledge that they are all members of the assembly at 5.45 p.m on 22.02.2020 in front of the house of the defac
Further investigation under Section 173(8) of Cr.P.C. does not require formal court permission to validate supplementary reports if sufficient evidence exists for inclusion of an accused.
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.
Further investigation without prior court permission is valid under Section 173(8) of CrPC, and such investigation does not violate the principle of double jeopardy under Article 20(2) of the Constit....
The requirement of court permission for further investigation is essential and must be adhered to, as established by recent judicial interpretations.
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.
Constitutional guarantee under Art.21 of the Constitution of India embraces both the life and liberty of the accused and the interest of the victim as well as of the society at large and cannot be al....
The Magistrate cannot treat a case as a complaint after taking cognizance based on a charge-sheet; further investigation rights lie with the police.
Further investigation – Police ought to follow procedure of seeking permission from Court to conduct “further investigation” and file supplementary chargesheet – Power to direct further investigation....
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....
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