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JAVED IQBAL WANI
Basharat Hussain – Appellant
Versus
State of J&K – Respondent
JUDGMENT :
1. In the instant petition challenge is thrown to order dated 15.12.2016, passed by the Court of Judicial Magistrate First Class, Kotranka (for brevity 'JMIC') in case titled as 'State of J&K vs. Shamsheer Hussain'.
2. It is being stated that upon presentation of Challan before the Court in case FIR No. 56/2013, Police Station, Darhal trial against shamsheer Hussain was commenced, charge under Section 363 Cr.P.C. framed against him, inasmuch as, evidence of various witnesses was also recorded.
3. It is stated that none of the witness deposed regarding rape of respondent No. 3 by the petitioners or even by Shamsheer Hussain.
4. It is being stated that the trial court after almost about three years of the trial of the case passed the impugned order dated 15.12.2016 banking upon the statement of the respondent No. 3 and ordered returning of Challan along with relevant material to respondent No. 2-Sr. Superintendent of Police, Rajouri for further investigation in the light of the statement of prosecutrix as well as her statement recorded under Section 164-A Cr.P.C. and directed submission of compliance report on or before 23.03.2017.
5. The petitioners challenges the impugned ord
A Magistrate cannot direct further investigation after taking cognizance and the accused person appears pursuant thereto, as per the legal principles established by the Hon'ble Supreme Court.
The Magistrate cannot order further investigation suo motu after taking cognizance, and can only do so in exceptional circumstances upon the request of the investigating officer.
The Magistrate has the power to order further investigation even after cognizance is taken and accused appears, if the facts of the case demand so, in the interest of justice and to avoid miscarriage....
Once cognizance has been taken, Magistrate would be bereft of any competence to direct further investigation either suo motu or acting on request/prayer of the complainant/ informant.
The main legal point established in the judgment is that the police have the right to conduct further investigation even after the submission of the charge sheet before the Magistrate, and there is n....
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 Magistrate cannot treat a case as a complaint after taking cognizance based on a charge-sheet; further investigation rights lie with the police.
A Magistrate cannot order further investigation after charges are framed; this power exists only at the pre-cognizance stage to ensure a fair investigation.
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