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SANJAY KUMAR DWIVEDI
Ankur Kuamr @ Ankur Yadav @ Ankur Kumar Verma, s/o. Birendra Kumar Verma – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
1. This petition has been filed for quashing the order taking cognizance dated 10.06.2021 and entire criminal proceeding in connection with Chainpur P.S.Case No.09/2016, corresponding to G.R.Case No.145/2016 for the offences alleged under sections 302, 201, 120(B) of the IPC, pending in the court of learned SDJM, Palamau.
2. The learned counsel for the petitioner submits that pursuant to supplementary charge sheet the petitioner’s name has been disclosed and no charge sheet has been submitted against two persons. He submits that the learned court by order dated 10.06.2021 observed that cognizance has already been taken on 13.3.2019 and the same cognizance order is applicable to the above mentioned accused. He submits that second cognizance order is bad in law.
3. It is settled that if the further investigation has been done would lead to the filing of a supplementary report. Such supplementary report shall be dealt with as part of the primary report. This is clear from the fact that the provisions of Sections 173(3) to 173(6) would be applicable to such reports in terms of Section 173(8) of the Code. A reference may be made to the case “Binay Tyagi v. Irshad Ali”, (20
The power of the Magistrate to direct further investigation should be exercised sparingly and in exceptional cases to achieve the ends of justice.
Supplementary charge-sheets cannot be submitted once a Magistrate has taken cognizance; previous proceedings cannot be annulled without legal basis.
The main legal point established is that the question of taking cognizance becomes academic when the trial has advanced to a stage where the accused have participated in the proceedings after being p....
The main legal point established in the judgment is that both the original and supplementary reports under Section 173(2) and Section 173(8) of the Code of Criminal Procedure 1973 must be considered ....
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.
The investigation agency has the statutory right to conduct further investigation under Section 173(8) of the Code of Criminal Procedure without seeking permission from the Magistrate.
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