VIVEK KUMAR BIRLA, VINOD DIWAKAR
Adil – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Vivek Kumar Birla, J.
1. Heard Sri Brijesh Kumar Pandey, learned counsel for the petitioner as well as Sri Virendra Kumar Pal, learned AGA appearing for the State respondents and Sri Vinod Singh, learned counsel for the informant and perused the record.
2. Present petition has been filed for quashing the impugned order dated 6.10.2023 whereby the respondent no. 2 has passed the order for further/transfer of the investigation in Case Crime No. 252 of 2023, P.S. Bilaspur, District Rampur. A further prayer is to direct the respondent no. 2 and his subordinates not to arrest/harass the petitioners in pursuance of the order dated 6.10.2023.
3. Brief facts of the case are that the respondent no. 4-Km. Nisha Naaz filed an application under Section 156 (3) CrPC before the concerned Magistrate for registering the FIR with the allegation that she had love affairs with co-accused-furkan Ali and she had physical relationship with him and on being insisted for marriage, he prepared forged nikahnama and married with her. It is being alleged that Gulshan Kajafi and Furkan Ali committed r.ape upon her. Thereafter, a first information report dated 29.7.2023 has been lodged under Section 420,
Ram Lal Narang v. State (Delhi (Admn.) (AIR 1979 SC 1791)
Sri Bhagwan Samardha Sreepada Vallabha Venkata Vishwanandha Maharaj
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 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 police have the right to conduct further investigation after a charge sheet is filed without needing prior permission from the Magistrate.
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 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 Magistrate cannot treat a case as a complaint after taking cognizance based on a charge-sheet; further investigation rights lie with the police.
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.
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....
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 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....
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