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GAUTAM CHOWDHARY
Parvez Alam – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Sikandar B. Kochar, learned counsel for the applicant, Sri Rajeshwar Singh and Sri J.P.S.Chauhan, learned A.G.A. for the State and perused the material on record.
2. The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 28.07.2022 passed by learned Chief Judicial Magistrate, Bulandshahr in Criminal Case No. 5259 of 2020 (State Vs. Dr. Parvez Alam) arising out of Case Crime No. 0228 of 2020 under Sections 420, 409 I.P.C. Police Station Shikarpur, District Bulandshahr, whereby the application for further investigation of the matter on the basis of documents adduced by the applicant, has been rejected.
3. Brief facts of the case are that the applicant was the Manager of National Inter College, Shikarpur, District Bulandshahr w.e.f November 2017 till 2020, which institution is an aided institution upto High School and is unaided institution with respect to Class XI and XII. Initially a complaint was made by the opposite party no.2 against the applicant, in which, after enquiry, the applicant was found guilty for the charges pertaining to the cheating, criminal breach of trust and misuse of the college land, vide enquiry repor
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 main legal point established in the judgment is that the police have the right to conduct further investigation even after the submission of the charge sheet before the Magistrate, and there is n....
The Magistrate cannot order further investigation suo motu after taking cognizance, and can only do so in exceptional circumstances upon the request of the investigating officer.
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 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....
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.
A Magistrate cannot order further investigation after charges are framed; this power exists only at the pre-cognizance stage to ensure a fair investigation.
The court emphasized the necessity of fair investigation in criminal proceedings and clarified the powers of the Magistrate to order further investigation under specific circumstances.
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