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2019 Supreme(SC) 1148

Vinubhai Haribhai Malaviya – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant(s) :Dushyant R. Dave, Nachiketa Joshi, Aniket Seth, Niraj Malaviya, Himadri Haksar, Sucheta Joshi, Mohd. Asad Khan, Advocates
For the Respondent(s):Hemantika Wahi, Aniruddha P. Mayee, Sunil Kumar Verma, Shariq Ahmed, Advocates

Judgement Key Points

The legal document discusses the scope and limits of a Magistrate's power to order further investigation after a charge-sheet has been filed and cognizance has been taken. It emphasizes that, generally, once cognizance is established and the trial has commenced, the Magistrate's authority to direct additional investigation is limited. The Magistrate's power to order further investigation is primarily exercisable before the charges are framed or the trial begins, and not after.

The document clarifies that the investigation process includes all proceedings for evidence collection conducted by police or authorized persons, and that this power remains until the trial actually begins, which is marked by the framing of charges. It also highlights that the power to order further investigation can be triggered either by the court or at the instance of the investigating agency, and that such power is wide and includes ordering supplementary or reinvestigation if justified by the circumstances.

Furthermore, the document underscores that the law permits the Magistrate to supervise and ensure a fair, unbiased, and complete investigation, which is fundamental to a fair trial and constitutional rights. It states that the Magistrate can, at any stage before the trial begins, direct the police to conduct further investigations if there are valid reasons to believe that the investigation was incomplete, tainted, or biased.

Importantly, the document also notes that post-cognizance, the Magistrate cannot suo motu order reinvestigation or further investigation once the accused has appeared and charges are framed, unless the investigation is initiated by the police or at the request of the investigating agency. The power to order further investigation after the trial has commenced is generally restricted, and such orders are typically made only at the request of the police or investigating agency, not suo motu by the Magistrate.

In conclusion, the document affirms that the law recognizes the Magistrate’s supervisory authority to ensure a proper investigation before the trial begins, but limits this authority once the trial process has formally started, emphasizing the importance of procedural fairness and the integrity of the judicial process.


JUDGMENT :

R.F. Nariman, J.

1. This case arises out of a First Information Report (hereinafter referred to as “FIR”) that was lodged on 22.12.2009. The FIR is by one Nitinbhai Mangubhai Patel, Power-of-Attorney holder of Ramanbhai Bhagubhai Patel and Shankarbhai Bhagubhai Patel, who are allegedly residing at “UK or USA”. The gravamen of the complaint made in the FIR is that one Vinubhai Haribhai Malaviya is blackmailing these two gentlemen with respect to agricultural land which is just outside the city of Surat, Gujarat and which admeasures about 8296 square meters. The FIR alleges that Ramanbhai Patel and Shankarbhai Patel are absolute and independent owners of this land, having obtained it from one Bhikhabhai Khushalbhai and his wife Bhikiben Bhikhabhai in the year 1975. The FIR then narrates that because of a recent price-hike of lands in the city of Surat, the heirs of Bhikhabhai and Bhikiben together with Vinubhai Haribhai Malaviya and Manubhai Kurjibhai Malaviya have hatched a conspiracy in collusion with each other, and published a public notice under the caption “Beware of Land-grabbers” in a local newspaper on 07.06.2008. Sometime thereafter, Vinubhai Haribhai Malaviya then

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