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SANJAY DWIVEDI
Krishna Pati Tripathi – Appellant
Versus
State of M. P. – Respondent
ORDER
1. With the consent of counsel for the parties, the matter is finally heard.
2. The case has been assigned to this Court in pursuance to the notification issued by the High Court in pursuance to the order of the Supreme Court passed in Writ Petition (Civil) No.699/2016- Ashwini Kumar Upadhyay v. Union of India and others. The petitioner being a member of Legislative Assembly, Semariya Assembly, Rewa and as such, this matter is placed before this Court.
3. As per the facts of the case, the respondent No.4 who was working as a Chief Executive Officer, Janpad Panchayat, Sirmour, District Rewa lodged an FIR on 16.08.2022 making an allegation against the accused persons but in the said FIR there was neither any whisper about the present petitioner nor any allegation has been levelled against the petitioner in the alleged crime. In pursuance to the FIR, offence got registered vide Crime No.354 on 2022 against five persons under sections 341, 342, 294, 147, 148, 149, 353, 332, 325 and 333 of the Indian Penal Code. The charge-sheet was filed before the Court below against the five persons but investigation was left open against some other accused persons as per section 173(8) of Cr.P.
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 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.
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....
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 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 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 court affirmed that magistrates cannot order further investigations post-cognizance without evidence of malafide, upholding the legitimacy of the charge sheet filed under Section 498A.
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