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2017 Supreme(SC) 105

DIPAK MISRA, AMITAVA ROY
AMRUTBHAI SHAMBHUBHAI PATEL – Appellant
Versus
SUMANBHAI KANTIBHAI PATEL – Respondent


Advocates Appeared:
For the Appellant :D.N. Ray, Lokesh K. Choudhary, Mrs. Sumita Ray, Advocates.
For the Respondents:Mrs V. D. Khanna, Zakir Hussain, Ms. Hemantika Wahi, Advocates.

Judgement Key Points

Certainly. Based on the provided legal document, the key points are as follows:

  1. A Magistrate cannot order further investigation suo motu or based on an application by the informant after the court has already taken cognizance of the case, process has been issued, and the accused has entered appearance or the trial has commenced (!) (!) .

  2. The power to conduct further investigation under Section 173(8) of the Criminal Procedure Code is vested solely with the investigating agency, not with the Magistrate, once the initial investigation has been completed, a report has been submitted, and the case has moved to the trial stage (!) (!) .

  3. The law permits the investigating agency to undertake further investigation and submit a supplementary report if new evidence emerges, but this process is initiated by the police, not by the court or the complainant/informant, after the case is already in progress (!) (!) .

  4. The Magistrate's role is limited to taking cognizance, issuing process, and, at most, directing investigation at pre-cognizance stages or when the case is at a preliminary inquiry stage. After the accused has appeared and the trial has begun, the Magistrate cannot suo motu or on application direct further investigation (!) (!) .

  5. The authority to order re-investigation or further investigation after the case has moved into the trial phase is confined to the investigating agency, and such orders cannot be issued by the Magistrate without the agency's request, except in exceptional circumstances (!) (!) .

  6. The procedural provisions and amendments reflect a clear legislative intent that further investigation is to be undertaken only at the request of the investigating agency, not automatically or at the discretion of the court once proceedings are underway (!) (!) .

  7. The power of the Magistrate to summon witnesses or examine persons at any stage remains, but this does not extend to ordering or directing further investigation without the police’s request (!) (!) .

  8. Any attempt by the court to direct suo motu investigation after the commencement of trial proceedings would be incompatible with the statutory framework and could lead to procedural inconsistencies (!) (!) .

  9. Delay or inaction on the part of the complainant/informant in requesting further investigation at a late stage does not warrant the court to bypass the statutory limitations and order such investigation suo motu (!) (!) .

  10. Overall, the legal framework emphasizes that further investigation after the case has entered the trial stage is primarily the responsibility of the investigating agency, and courts should refrain from issuing such directions unless explicitly authorized or requested in accordance with the law (!) (!) .

Please let me know if you need a detailed analysis or assistance with specific legal questions related to this document.


JUDGMENT

AMITAVA ROY, J.

The assail is of the verdict dated 10.04.2015 rendered by the High Court, setting at naught the order dated 27.5.2014 passed by the Chief Judicial Magistrate, Gandhinagar, whereby the Trial Court had allowed the application filed by the appellant, the original informant, under Section 173(8) of the Code of Criminal Procedure, 1973 (for short, hereinafter referred to as "the Code/1973 Code") for further investigation by the police.

2. We have heard Mr. Sanjay Hegde, learned senior counsel for the appellant and M/s. Zakir Hussain, Nitya Ramakrishan, and Shamik Sanjanwala, learned counsel for the respondent Nos. 1, 2 and 3 respectively.

3. The facts indispensable for the present adjudication, portray that the appellant had lodged a First Information Report (for short hereafter referred to as "FIR") against the respondents under Sections 406, 420, 426, 467, 468, 471, 477B and 120B of the Indian Penal Code (for short also referred to as "IPC"). The materials offered in the FIR and the investigation by the police that followed, divulged that there was a dispute between the parties relating to agricultural land and that the appellant/informant had alleged forgery o
































































































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