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UMESH CHANDRA SHARMA
Ram Komal – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Neeraj Singh, learned counsel for the applicants, learned A.G.A for the State and perused the record.
2. This application under Section 482 Cr.P.C. has been filed to quash the proceeding of Criminal Case No. 1278 of 2005, under Sections 147, 149, 323, 452, 435, 504, and 506 I.P.C., registered at Police Station Bankata, District Deoria, pending in the Court of Judicial Magistrate, Court No. 11, Deoria.
3. The brief facts of the case are that on 08.01.2005 at about 3:00 p.m., eight persons including the applicants came to the house of informant-opposite party no. 2 – Uma Shankar Kushwaha with an intention of taking possession of Sahen land, which was situated at the door of the informant. During the said action, all the accused abused the family members of the informant, entered into the house and beaten them. In this connection an F.I.R was lodged by opposite party no 2 on the same day at 03:00 p.m, which was registered as Case Crime No. 03/2005 under Sections 147, 148, 323, 504, 506, 452, 435 I.P.C at P.S. Bankata, District Deoria. A copy of the same is annexed as Annexure No. 1 to the affidavit. The Station Officer of P.S. Bankata investigated the matter and a
Formal permission of the concerned court was not necessary for transferring the investigation to another police station, and further investigation can be conducted as prescribed by law.
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.
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 main legal point established in the judgment is that further investigation is a statutory right of the police under Section 173(8) of Cr.P.C, and formal permission from the Court is required if t....
The police have the right to conduct further investigation after a charge sheet is filed without needing prior permission from the Magistrate.
Further investigation – Police ought to follow procedure of seeking permission from Court to conduct “further investigation” and file supplementary chargesheet – Power to direct further investigation....
The Magistrate cannot treat a case as a complaint after taking cognizance based on a charge-sheet; further investigation rights lie with the police.
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....
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....
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