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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N.MALA
Raja Subramanian @ Adithya Karigalan @ Sam John – Appellant
Versus
Case No.RC.231 2022 S. 0001 of CBI IOD, New Delhi dated 25.11.2022 U/s.120-B of IPC r/w Section 67B of IT Act, 2000, State through CBI, IOD New Delhi – Respondent
| Table of Content |
|---|
| 1. details of the case and allegations. (Para 2 , 3) |
| 2. petitioner's arguments against the supplementary charge sheet. (Para 4 , 5) |
| 3. clarification of rights for further investigation. (Para 12 , 22) |
| 4. legal support for further investigation. (Para 19 , 24) |
| 5. court's final decision on the matter. (Para 33 , 34) |
ORDER :
(1) This Criminal Revision is filed to set aside the order dated 21.05.2025, passed in Crl.MP.No.6022/2025 in CC.No.97/2023, by the learned Chief Judicial Magistrate, Tiruchirappalli, allowing the application filed by the CBI to accept the supplementary charge sheet dated 03.12.2024 on record.
(3) The respondent registered a case in No.RC 231 2022 S 0001, on 25.11.2022, against the petitioner and others for the alleged offence of sharing, collecting, seeking, browsing, downloading, exchanging and distributing materials depicting children in sexually explicit act, in electronic format. On the basis of the input received from the judicial authorities of Republic of Germany, and after completion of the investigation, a preliminary charge sheet was filed by the respondent on 20.012023, against the petitioner for the alleged offence u/s.67B of the IT Act, 2000
Further investigation without prior court permission is valid under Section 173(8) of CrPC, and such investigation does not violate the principle of double jeopardy under Article 20(2) of the Constit....
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.
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....
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....
Under Section 173(8) of Cr.P.C., only the investigating agency can request further investigation after a charge sheet has been filed, not the accused. Failure to adhere to this principle leads to the....
The Magistrate cannot treat a case as a complaint after taking cognizance based on a charge-sheet; further investigation rights lie with the police.
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