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2023 Supreme(Online)(Bom) 4649

BENCH AT NAGPUR
G. A. SANAP, J
Maheshkumar Hargovind Goyal – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Anil S. Mardikar, Mr. Digvijay Singh
For the Respondents: Mrs. M. H. Deshmukh

Table of Content
1. the petitioner is accused of criminal charges relating to forgery. (Para 3 , 4 , 5)
2. argument about the legality of magistrate's orders regarding investigation. (Para 8 , 9)
3. court clarifies the exclusive power of police in investigations. (Para 10 , 15 , 16)
4. explanation of statutory roles of police and magistrate in investigations. (Para 11 , 12 , 18)
5. final decision to allow the petition. (Para 20)
ORAL JUDGMENT

1. RULE. Rule made returnable forthwith. Heard finally by consent of the learned advocates for the parties.

2. In this petition, filed under Article 227 of the Constitution of India, challenge is to the order dated 07.06.2022, passed below Exh.80 by learned Judicial Magistrate, First Class, Court no.10, Nagpur, whereby learned Magistrate was pleased to grant permission to the Investigating Officer to conduct further investigation and file supplementary charge-sheet against the petitioner under Section 173 sub-Section (8) of the Code of Criminal Procedure (hereinafter referred to as “the Cr.P.C.” for short).

3. The facts giving rise to this petition are as follows :

The petitioner is accused no.7 in a crime bearing No.343/2016, registered at Police Stati

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