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SADHNA RANI (THAKUR)
Pooja Sharma @ Pinkey Giri – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard learned counsel for the applicant, learned A.G.A. and perused the record.
2. By moving this application prayer is made to quash the order dated 30.09.2022 passed by the Judicial Magistrate, Mathura arising out of Case Crime No. 1538 of 2018, under Sections 376D, 506 IPC Police Station Highway, District Mathura in Case No. 6936 of 2020 (State Vs. Satendra Bhati and others and to allow the application dated 19.07.2022 filed by the applicant before the trial court for further investigation in the case filed under Section 173 Cr.P.C.
3. Vide order dated 30.09.2022 the Judicial Magistrate, Mathura rejected the application of the applicant filed under Section 173 (8) Cr.P.C.
4. As per the facts of the case, an application was moved by the applicant under Section 156 (3) Cr.P.C. on 16.08.2018 whereby an FIR, Case Crime No. 1538 of 2018 regarding incident dated 30.07.2018 was registered against Satyendra Bhati, Gaurav and one unknown person under Sections 506 and 376D IPC.
5. It was the allegation of the applicant that she was from a very poor family. On the basis of a telephonic call of Satyendra Bhati that he would arrange a job for her, on 30.07.2018 at 2.00 p.m. the appl
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.
The Magistrate has the power to order further investigation even after cognizance is taken and accused appears, if the facts of the case demand so, in the interest of justice and to avoid miscarriage....
A Magistrate cannot direct further investigation after taking cognizance and the accused person appears pursuant thereto, as per the legal principles established by the Hon'ble Supreme Court.
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.
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.
The accused do not possess the right to request further investigation under Section 173(8) of the Cr.P.C., as this power is reserved for the investigating agency and the court, ensuring that the inve....
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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