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WASIM SADIQ NARGAL
Kewal Krishan, S/o. Late Sh. Tabu Ram – Appellant
Versus
Union Territory of J&K, Th. Senior Superintendent of Police, Police Station Vigilance Organization Jammu – Respondent
| Table of Content |
|---|
| 1. overview of fir and allegations (Para 1 , 2 , 3 , 4) |
| 2. petitioner's arguments against orders (Para 5 , 6 , 7 , 8 , 9) |
| 3. respondent's arguments on evidence (Para 11 , 12 , 13 , 14 , 15) |
| 4. court's jurisdiction on investigation (Para 19 , 20 , 21 , 22 , 23 , 24 , 29 , 30 , 31) |
| 5. conclusion on investigation orders (Para 46 , 67 , 68 , 69) |
JUDGMENT :
1. The instant writ petition has been filed on behalf of the petitioners under Section 482 of the Code of Criminal Procedure, 1973 praying for the following reliefs:-
(b) Quashing of FIR No.07/2013 registered against the petitioners under sections 5(1)(d) r/w 5(2) of J&K Prevention of Corruption Act, 2006 and 120-B RPC;
(c) Quashing of order dated 31.12.2018, as passed by Ld. Special Judge Anti-corruption, Doda in File No.04/Ikhtami, whereby Ld. Court has declined to accept the closure report filed by respondent in FIR No.07/2013 and ordered re-investigation;
2. With a view to ap
The distinction between 'further investigation' and 're-investigation' is critical; only higher courts can authorize re-investigation, while magistrates can direct further investigations within defin....
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 accused has no right to seek further investigation after a charge sheet is filed, and discrepancies in evidence are to be resolved at trial.
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....
(1) Further investigation – Mere fact that there may be further delay in concluding trial should not stand in way of further investigation if that would help court in arriving at truth and do real an....
The court emphasized that FIR registration must not happen without jurisdiction, deeming the original complaint as an abuse of process due to lack of standing and the excessive time elapsed.
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