Back
JASJIT SINGH BEDI
Hansa Singh – Appellant
Versus
State Of Punjab – Respondent
JUDGMENT
Jasjit Singh Bedi, J. (Oral). - The present petition has been filed under Section 482 Cr.P.C. for transfer of the investigation from the local police station and for getting it investigated from some other competent and honest officer and for filing the report under Section 173 Cr.P.C. against the private respondents in FIR No.171 dated 01.07.2021 under Sections 452, 324, 323, 148 and 149 IPC registered with Police Station Sadar Fazilka, District Fazilka.
1. The learned counsel for the petitioner contends that an FIR No.171 dated 01.07.2021 under Sections 452, 324, 323, 148 and 149 IPC came to be registered against the private respondent. The accused sought the concession of anticipatory bail which was declined on 09.09.2021 but till date the said accused are not being arrested. He, further submitted that in terms of the mandate of Section 173 Cr.P.C. every investigation under the Chapter ought to be completed without unnecessary delay and because of police protection, the investigation was not being conducted properly. He has, thus, contended that an independent agency be directed to investigate the above said case as there is a strong apprehension of a biased and unfair in
The Court has inherent powers under Section 482 Cr.P.C. to transfer the investigation from one agency to another, including to the CBI, if the facts so warrant, but the same should be done in some ra....
The Court emphasized the wide powers of a Magistrate under Section 156(3) Cr.P.C. to order registration of an FIR, direct proper investigation, and monitor the same. It also highlighted the need for ....
The main legal point established in the judgment is the importance of exhausting alternate remedies before approaching the High Court for the registration of an FIR and the direction of a proper inve....
The High Court should refrain from direct interference in police investigations and encourage petitioners to seek redress through formal statutory remedies under the Criminal Procedure Code.
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 main legal point established in the judgment is the applicability of Section 156(3) of Cr.P.C. for seeking directions for a fair investigation in a criminal case.
A Magistrate cannot order further investigation after charges are framed; this power exists only at the pre-cognizance stage to ensure a fair investigation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
