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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Subhash Vidyarthi,J.
Rohit Rajput – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. – Respondent
| Table of Content |
|---|
| 1. the applicant challenges the trial court's order regarding evidence. (Para 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. the applicant's counsel argues against the trial court's authority. (Para 9 , 10) |
| 3. supreme court clarifies the powers of magistrates regarding further investigation. (Para 11 , 12 , 13) |
| 4. citing overruled judgments is a serious concern for legal professionals. (Para 14 , 15 , 16) |
| 5. court affirms the trial court's decision to allow further examination of evidence. (Para 18 , 19) |
| 6. the application is dismissed as lacking merit. (Para 20 , 21) |
JUDGMENT :
Subhash Vidyarthi J.
1. Heard Sri Dhirendra Pratap Singh, the learned counsel for the applicant and Sri Anurag Verma, the learned AGA-I for the respondent no. 1-State of U.P.
2. By means of the instant petition filed under Section 528 B.N.S.S., the applicant has challenged the validity of an order dated 17.04.2025 passed by the learned IV Additional Chief Judicial Magistrate / Special Judge MP/MLA, Raebareli in Warrant or Summon Criminal Case No. 12609/2024, arising out of Case crime No. 415/2023, under Sections 406, 506, 420 IPC and Section 138 of the Negotiable Insruments Act, Police Station Kheeron, District Raeba
The court affirmed that a Magistrate can order further investigation post-charge-sheet to ensure justice, overruling previous judgments that restricted such authority.
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.
Court affirmed that Magistrate can order further investigation, but not after charges have been framed without compelling justification.
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....
Magistrates power under Section 156 (3) Cr.P.C. is very wide for which his judicial authority must be satisfied that a proper investigation by police had taken place. After a report is submitted unde....
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 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 accused has no right to seek further investigation after a charge sheet is filed, and discrepancies in evidence are to be resolved at trial.
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