AI Overview...
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Power of Session Judge to Order Further Police Inquiries - The High Court has clarified that a Session Judge does not inherently possess the authority to direct further police investigations once a charge-sheet is filed and cognizance is taken. Magistrates are restricted from ordering additional investigations post charge-sheet, and such powers are generally limited to initial inquiries. Vinubhai Haribhai Malaviya VS State of Gujarat - Supreme Court, 00100010226
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Magistrate's Authority and Limitations - Magistrates can direct investigations within their territorial jurisdiction but do not have the power to order further police inquiries after the case has been committed for trial or charges are framed. Their investigative powers are confined by statutory provisions, and any attempt to extend these is typically deemed invalid. State of Maharashtra VS Ibrahim A. Patel - Bombay, Vinubhai Haribhai Malaviya VS State of Gujarat - Supreme Court
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Role of the Court in Investigations and Inquiries - Courts, including Sessions Judges, generally do not have the authority to direct police to conduct further inquiries after the investigation is complete and a case is committed to the Sessions Court. The distinction between police investigation and judicial inquiries is maintained by law, with investigations being primarily the police's domain. Bijaya Goswami VS State of Assam - Gauhati, Vinubhai Haribhai Malaviya VS State of Gujarat - Supreme Court
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Specific Cases and Jurisdictional Issues - In certain cases, courts have held that Sessions Judges can hear applications like anticipatory bail within their territorial jurisdiction but cannot order police to conduct further inquiries. The appointment of Special Judges under specific statutory provisions is also clarified, emphasizing designation rather than judicial power to direct investigations. Sushil Arora VS Governement Of NCT Of Delhi - Delhi, Jodha Ram VS State of Rajasthan - Rajasthan
Analysis and Conclusion:
A Session Judge does not possess the inherent power to order further police inquiries once a case has been committed for trial and a charge-sheet has been filed. Their jurisdiction is limited to judicial proceedings, and investigations are primarily under police authority. The law distinguishes between police investigations and judicial inquiries, restricting courts from directing police to conduct additional inquiries after the initial investigation and cognizance. Therefore, the power to order further police inquiries rests mainly with the police and, in some instances, Magistrates during preliminary stages, but not with the Sessions Judge after commitment.
Search Results for "Does a Session Judge Possess the Power to Order further Police Inquiries"
1967 0 Supreme(Pat) 5 • India - Patna
K.SUBBA RAO, J.C.SHAH, S.M.SIKRI, V.RAMASWAMI, C.A.VAIDIALINGAM
discharge and the Additional Sessions Judge had the power under S. 437, Criminal Procedure Code, to set aside such an order. 2. ... The High Court upheld the order of the Additional Sessions Judge. ... The Additional Sessions Judge set aside the Magistrate's order and directed the appellant's commitment to Sessions for trial under ... instituted on a police report, follow the pro....
2007 0 Supreme(Bom) 1691 • India - Bombay
R.M.S.KHANDEPARKAR, A.A.SAYED
Fact of the Case: The petitioner sought to quash an order passed by the Additional Sessions Judge, Mumbai, directing ... Ratio Decidendi: The court held that the Magistrate's authority to direct investigation to a police officer is restricted ... It highlighted the limitations on the Magistrate's authority to direct investigation to a police officer within the territorial jurisdiction ... By the present petition. the petitioner is seeking to quash and to set aside the order passed b....
• India - Crimes
R.S.VERMA
(i) Criminal Procedure Code, 1973 - Sections 438 and 482 - Bail Application - Rejected by sessions Judge, Sojat - Order challenged ... 482 - Whether the court at Jodhpur has restriction to hear this petition as the offence was committed within the jurisdiction of Session ... Sessions Judge, Sojat dismissing the application of the petitioner, moved in the said court. ... By the present petition, the petitioner seeks to challenge the correctness of the aforesaid order o....
1974 0 Supreme(SC) 258 • India - Supreme Court
H.R.KHANNA, Y.V.CHANDRACHUD
The officer conducting an inquiry under Section 8 (1) of the Act does not possess ... of the Code and there is intrinsic evidence in the Act to show that the provisions of the Code can not Proprio Vigore apply to enquiries ... Provisions governing inquiries order Section 8(1) of the Act are either expressly or by necessary implication inconsistent with some of the outstanding provisions of the Code governing investigations under Chapter XIV, called "Information to the Police and their Powers to Investig....
2022 0 Supreme(Del) 1046 • India - Delhi
VIPIN SANGHI, NAVIN CHAWLA
Finding of the Court: The court found that the impugned notification made the appointment of the Special Judge under ... Ratio Decidendi: The court held that the appointment of the Special Judge under Section 3(1) of the Act can be made by designation ... The appointment as a Special Judge in the Designated Courts/ Special Court, in respect of a sitting or former Session Judge, Additional Session Judge, or Assistant Session Judge....
1994 0 Supreme(Raj) 38 • India - Rajasthan
R.S.VERMA
offence for which he apprehends his arrest, was committed beyond the territorial jurisdiction of the High Cout or the Court of Session ... Sessions Judge, Sojat did possess jurisdiction to hear the application of the petitioner, inasmuch as the petitioner apprehended his arrest within the jurisdiction of the learned Addl. Sessions Judge. ... by a police officer. ... Hence, if a High Court Or Court Of Session Grants Anticipatory Bail To A Person, A #H....
2006 0 Supreme(Gau) 588 • India - Gauhati
BIPLAB KUMAR SHARMA
Final Decision: The criminal petition was disposed of, and the learned Sessions Judge, Kamrup was directed to proceed with ... 209, Section 304(Part-II), Section 304(A)/34] Fact of the Case: The case involved a petition seeking quashing of an order ... Issues: The issues included the jurisdiction of the learned CJM to review the earlier order, the correctness of the charge ... In the case of Bindeshwari Prasad Singh (supra) the Apex Court has held that the Magistrates do not possess inherent #HL_STAR....
2019 8 Supreme 523 • India - Supreme Court
The High Court in Criminal Revision Applications arrived at the conclusion that, as a matter of law, the Magistrate does not possess ... any power to order further investigation after a charge-sheet is filed and cognizance is taken. ... or commit the case to the Court of Session. ... As the Chapter headings themselves show, there is a neat distinction between the powers of the police to investigate and jurisdiction of the criminal courts in inquiries - followed by the procedure once th....
2016 Supreme(Online)(KER) 1343 • India - High Court of Kerala
RAJA VIJAYARAGHAVAN, J
Final Decision: The appeal against the order is to be considered by the Sessions Judge without preconceptions, and the proceedings ... Ratio Decidendi: The court established that without completed inquiries or trials, Section 452 does not apply. ... Issues: Whether the appeal filed under Section 454 of the Code of Criminal Procedure is maintainable against an order made ... According to the petitioner, he was lawfully entitled to possess the gold ornaments. ... of attorney holder an....
1956 0 Supreme(SC) 70 • India - Supreme Court
P.N.BHAGWATI, S.R.DASS, P.GOVINDA MENON, SYED JAFAR IMAM
Still the Session Judge did not accept the evidence of recovery as showing the connection of accused with the crime on the ground ... ... The accused was hauled up by the police officer in connection with ... distinction between possession and knowledge and held that the accused merely knew where the earrings were concealed but did not possess ... The reason which the learned Sessions Judge gave for not accepting the evidence of the tailor was that the police did not....
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