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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
SANDEEP SHAH
Mahaveer S/o. Indermal Sethiya – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
| Table of Content |
|---|
| 1. background and nature of the complaint. (Para 1 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding the propriety of the investigation. (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 3. court's authority over investigative procedures. (Para 15 , 16 , 18 , 22 , 30) |
| 4. limitations on court directions to investigations. (Para 24 , 29) |
| 5. final decision on investigation directions. (Para 32 , 33) |
Judgment :
Sandeep Shah, J.
1. The present petition has been filed challenging the order dated 14.08.2025 passed by the learned Additional Sessions Judge No.2, Chittorgarh, in Criminal Revision No.77/2025, whereby the revision petition preferred by the petitioner against the order dated 02.04.2025 passed by learned Chief Judicial Magistrate, Chittorgarh in FR No.192/24 dated 11.12.2024 arising out of FIR No.357/2024, Police Station Kotwali, District Chittorgarh for the offences under Sections 406, 420, 467, 468, 471 and 120- B IPC, directing the Investigating Agency to investigate the matter in a particular manner, was rejected. The challenge has also been laid to the order dated 02.04.2025 passed by Chief Judicial Magistrate, as stated supra.
2. The prayer made by the petitioner in the petition is as
The court cannot direct the investigating agency on how to conduct investigations, as this undermines the autonomy of the police and the principles of fair trial.
The accused do not have the right to dictate the appointment of investigating agency or the manner of investigation, and the court cannot supervise or direct the investigating officer in the investig....
The magistrate has no power to order further investigation suo motu or on the request of the complainant/informant after cognizance is taken and the accused person appears, nor does the magistrate ha....
The court affirmed that magistrates cannot order further investigations post-cognizance without evidence of malafide, upholding the legitimacy of the charge sheet filed under Section 498A.
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 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....
The Court emphasized the wide powers of a Magistrate under Section 156(3) Cr.P.C. to order registration of an FIR, direct proper investigation, and monitor the same. It also highlighted the need for ....
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.
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