Magistrate Can’t Order Further Investigation At Post Cognizance Stage

01 Jan 1970

Magistrate Can’t Order Further Investigation At Post Cognizance Stage

 

IN THE SUPREME COURT OF INDIA, CRIMINAL APPELLATE JURISDICTION, CRIMINAL APPEAL NO.1171 OF 2016, ( ARISING OUT OF S.L.P (CRIMINAL) NO.3338 OF 2015)

that Magistrate cannot order further investigation after the cognizance has been taken, process has been issued and accused has entered appearance in response thereto. 

The Bench though the investigating agency concerned has been invested with the power to undertake further investigation desirably after informing the Court thereof before which it had submitted its report and obtaining its approval,no such power is available therefore to the Magistrate after cognizance has been taken on the basis of the earlier report, process has been issued and accused has entered appearance in response thereto

“The direction for investigation by the Magistrate under Section 202, while dealing with a complaint, though is at a post-cognizance stage, it is in the nature of an inquiry to derive satisfaction as to whether the proceedings initiated ought to be furthered or not...

 

 
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