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SANJAY DHAR
Tasleema Begum – Appellant
Versus
Union Territory of Jammu And Kashmir – Respondent
JUDGMENT
Sanjay Dhar, J. - The petitioner has challenged part of investigation conducted by 2nd Investigating Officer in FIR No.76/2022 for offences under Sections 498 A, 307, 354 and 34 IPC registered with Women's Police Station Kupwara. Challenge has also been thrown to the status report dated 02.10.2022 filed by the Investigating Officer before the Judicial Magistrate 1st Class Kralpora, wherein it has been reported by the Investigating Officer that offences have not been established against some of the accused.
2. It is contended by learned counsel for the petitioner that initially the investigation of the case was conducted by Sh. Abdul Sattar but later on it was entrusted to a probationary Police Officer of the rank of Dy.SP. It is alleged that the said Investigating Officer did not conduct the investigation in fair and transparent manner and when the petitioner came to know about it, she approached the Court of Judicial Magistrate 1st Class Kralpora and filed application under Section 156(3) of Cr.P.C requesting the learned Magistrate to monitor the investigation of the case. It has been further submitted that on the said application the learned Magistrate called status report
Magistrates power under Section 156 (3) Cr.P.C. is very wide for which his judicial authority must be satisfied that a proper investigation by police had taken place. After a report is submitted unde....
Point of law: Magistrate's power Under Section 156(3) of the Code of Criminal Procedure is very wide, for it is this judicial authority that must be satisfied that a proper investigation by the polic....
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.
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.
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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