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YOGENDRA KUMAR SRIVASTAVA
Rakesh Kumar Awasthi – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Bal Ram Gupta, learned counsel for the petitioners and Sri Pankaj Saxena, learned Additional Government Advocate-I appearing for the State-respondent.
2. The present petition has been filed seeking to assail the order dated 12.07.2023 passed by the Metropolitan Magistrate, Court No.9, Kanpur Nagar in Misc. Case No.1124 of 2023 (Syed Tariq Umar Vs. Rakesh Kumar Awasthi and others), whereby the final report submitted by the police has been rejected and a direction has been issued for further investigation.
3. The principal ground urged to assail the aforesaid order is that no protest petition was filed by the informant before the concerned Magistrate and despite the same, the order impugned has been passed.
4. It is further sought to be contended that the power to order investigation by the police under Section 156(3) of the Code of Criminal Procedure, 1973[CrPC] CrPC can only be invoked by the Magistrate before he takes cognizance of the offence under Section 190(1)(a), and such a direction could not have been issued in exercise of powers under Section 173(8), wherein the investigating officer alone has been authorized to conduct further investigation.
5. Learned
The judgment established the wide powers of the Magistrate to order further investigation at all stages of the criminal proceedings until the trial commences, as provided under Section 156(3) and Sec....
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 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....
The power to further investigate under Section 173(8) of the Code of Criminal Procedure, 1973 continues until the trial commences, and can be exercised by the Magistrate suo motu in the interest of j....
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.
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....
Once cognizance has been taken, Magistrate would be bereft of any competence to direct further investigation either suo motu or acting on request/prayer of the complainant/ informant.
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.
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