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ANIL KUMAR CHOUDHARY
Om Narayan Singh @ Tuntun Singh, son of Akhileshwar Prasad Singh – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
(Anil Kumar Choudhary, J.)
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with a prayer to set aside the order dated 27.09.2024 passed in Criminal Revision No. 182 of 2023 by the learned Additional Sessions Judge-VIII, Jamshedpur by which the learned Additional Sessions Judge-VIII, Jamshedpur affirmed the order dated 03.11.2022 passed in G.R. No. 1523 of 2021 arising out of Jugsalai P.S. Case No. 58 of 2021 by the learned Judicial Magistrate 1st Class, Jamshedpur whereby and where under, the learned Judicial Magistrate 1st Class, Jamshedpur has committed the case to the court of sessions.
3. The brief fact of the case is that the petitioner is an accused of Jugsalai P.S. Case No. 58 of 2021. Police after investigation of the case submitted charge sheet inter alia against the petitioner for having committed the offences punishable under Sections 302 and 120 B of Indian Penal Code as well as 27 (2) of the Arms Act.
4. After submission of charge sheet, a letter was sent by the D.S.P., CID intimating that the Chief Secretary, Jharkhand has direct
Reinvestigation of a case requires prior court permission, while further investigation does not, as established under Section 173(8) of the Code of Criminal Procedure.
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 power of further investigation by the Magistrate under Section 173(8) of Cr.P.C. and the relevance of the de-facto complainant's objection in directing further investigation.
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....
Point of Law : There is no bar on the part of the learned Sessions Judge to give direction for further investigation even in the absence of such prayer before him, if facts and circumstances of the c....
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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