POCSO Act | Foundational Facts Establishing Offence Must Be Proved To Trigger Statutory Presumption Under Section 29: Calcutta High Court Expectation Of Higher Price In Future Auctions No Ground To Discard Highest Bid Above Reserve Price; Subsequent Sale Hit By Section 52 TP Act: Allahabad High Court AI May Well Serve As Training Wheels But Entrusting It With Pilot's Seat Would Be Both Imprudent And Dangerous: Bombay High Court Appeal Against Acquittal Under Section 138 NI Act Can Be Dismissed For Non-Prosecution If Complainant Fails To Serve Notice On Accused: Andhra Pradesh High Court Rejection Of Section 348 BNSS Witness Recall Plea Is Interlocutory; Inherent Powers Cannot Provide Backdoor Entry Where Section 438(2) Revisional Bar Applies Absent Gross Injustice: Delhi High Court Limitation Period For Appeal Commences From Date Assessee Receives Copy Of ITAT Order, Not Date Of Pronouncement: Bombay High Court Under Section 254(3) Income Tax Act Section 82 CrPC | Failure To Attempt Service At Known Overseas Address Vitiates Proclamation; Setting Aside PO Declaration Does Not Invalidate Arrest Warrants Or Extradition: Delhi High Court Expenditure Incurred By Defaulting Party Cannot Be Equated With Benefit Received Under Section 64 Contract Act: Karnataka High Court Upholds Setting Aside Of Arbitral Award Under Section 34 A&C Act Vendor Executing Agreement To Sell Pendente Lite Precluded From Compromising Appeal Prejudicially; Intending Purchasers Entitled To Impleadment Under Order 1 Rule 10 CPC: Madhya Pradesh High Court Kerala Rent Act | Examination Of Co-Landlord Spouse Sufficient To Prove Bona Fide Need Even If Spouse Intending To Occupy Doesn't Testify: High Court Personal Accident Coverage Under Motor Insurance Policy Does Not Extend To Borrower; Exonerates Insurer From Liability: Madras High Court Limitation To Challenge Void Sale Deed Runs From Discovery Of Fraud, Unilateral Material Alteration Vitiates Title: Orissa High Court Interim Status Quo Order Automatically Lapses Upon Dismissal Of Suit, Pendency Of First Appeal Does Not Entitle Injunction Under Order 39 CPC: Punjab & Haryana High Court District Caste Verification Committee Has No Jurisdiction Under Section 4C Karnataka SC/ST Act To Cancel Caste Certificate On Private Third-Party Complaint Absent Validation Request: Karnataka High Court Joint Title Presumes Equal Share Unless Exclusive Consideration Proved By Documented Evidence: Kerala High Court POCSO Act | Delay In Cross-Examination Of Prosecution Witnesses Does Not Weaken Sterling Testimony Of Victim: Madras High Court Mandatory Affixation Of Welfare Fund Stamp On Vakalatnama Valid Under List III Entries 23 & 26, Not A Toll On Right To Practice: Telangana High Court Upholds Sections 12 & 12A Of Advocates Welfare Fund Act BSF Personnel Certified Medically Incapacitated Entitled To Disability Pension Despite 'Voluntary Retirement' Label Under Rule 48-A CCS Rules: Punjab & Haryana High Court SARFAESI Auction Purchaser Takes Title Free From Subsequent Attachments, Claim Enquiry Confined Only To Property Rights: Kerala High Court Commercial Use, Late-Night Events In Areas Adjacent To Reserved Forest Prohibited To Protect Wildlife Under Forest Conservation Norms: Rajasthan High Court In Composite Negligence, Claimants Free To Recover Entire Compensation From Any Joint Tortfeasor Without Impleading Other Vehicle: Orissa High Court Regular Magistrate Lacks Jurisdiction Under Section 190 CrPC To Take Cognizance Against Sitting Or Former Legislators; Special MP/MLA Court Alone Competent: Karnataka High Court Specific Performance Cannot Be Decreed On Fabricated Sale Agreement Bearing Sequential Stamp Papers From Decade-Old Mortgage; Section 340 CrPC Applicable: Andhra Pradesh High Court Sole Testimony Of Child Victim Stands On Same Footing As Injured Witness, Defective Investigation No Ground To Discard Credible Evidence: Delhi High Court Upholds Conviction U/S 6 POCSO Act, 376 IPC Once Trial Court Accepts Written Statement Without Objection, It Cannot Recall Order To Strike Off Defence Under Order 8 Rule 1: Punjab & Haryana High Court No Court Fee Refund Under Section 69 Or Section 69-A Of Tamil Nadu Court Fees Act If Out-Of-Court Settlement Is Reached After Trial Commences: Madras High Court

In appropriate cases, the High Court can order further/reinvestigation under Section 482 CrPC- Supreme Court

07 May 2024 2:49 AM

By: Admin


The Supreme Court noted that a High Court may use its inherent authority under Section 482 CrPC to order additional investigation or even reinvestigation in the right circumstances.

The bench of Justices Dinesh Maheshwari and Aniruddha Bose stated, "The provisions of Section 173(8) CrPC do not limit or affect such powers of the High Court to pass an order under Section 482 CrPC for further investigation or reinvestigation, if the High Court is satisfied that such a course is necessary to secure the ends of justice."

The court further stated that such authority should only be used in extraordinary circumstances, with caution.

In this case, the High Court ordered the Magistrate to instruct the police to further investigate the case in accordance with Section 173(8) CrPC regarding the allegations against the District Manager of the Bihar State Food and Civil Supplies Corporation and to seek the report within a period of three months. This was done in order to settle a petition brought under Section 482 CrPC.

The appellant brought the following argument in his appeal before the Supreme Court: If the Magistrate before whom the charge-sheet had been presented and who had taken cognizance did not follow any such procedure, was the High Court correct in directing the Magistrate to order additional investigation in the exercise of its inherent powers under Section 482 CrPC?

The court noted that the Magistrate may also order an investigation under Sections 156(3) and/or 173(8) CrPC or he may immediately take cognizance under Section 190(1)(c) CrPC where he is of the opinion that the results of the investigation in the form of the report filed before him are not satisfactory. Referring to numerous decisions on this issue, the bench provided the following summary:

A fair trial is guaranteed by the 1973 Code of Criminal Procedure, and it can only get started after a just and fair inquiry. The main goal of every investigation and inquiry, whether conducted by the police or the magistrate, is to make sure that the genuine criminals are properly apprehended and that no innocent people are put on trial.

(b) After receiving the report of the inquiry, the Magistrate has been granted the authority to order additional investigation in accordance with Section 173(8) CrPC in order to ensure a proper investigation in accordance with Section 156 CrPC. The Magistrate's judgement, which must be used based on the specific facts of each case and in compliance with the law, determines whether or not a further investigation should be authorised.

(c) Even though the Magistrate has the primary authority to order further investigation in a case in which a charge-sheet has been filed and that authority must be exercised in accordance with Section 173(8) CrPC's restrictions, in the right circumstance, the High Court may exercise its inherent authority under Section 482 CrPC to order further investigation if it believes that the investigation is not proceeding in the right direction or if the circumstances of the case otherwise require it. The requirements of Section 173(8) CrPC do not restrict or impede the High Court's ability to issue an order under Section 482 CrPC requesting additional inquiry or reinvestigation if it determines that doing so is necessary to uphold the interests of justice.

(d) Even where the High Court's broad authority under Section 482 CrPC to order additional research or reinvestigation is acknowledged, such authority should only be used in extraordinary circumstances.

(e) The powers granted by Section 482 CrPC are primarily intended to achieve real and substantial justice; they are neither unlimited nor unrestricted. The High Court is not permitted to issue orders while using these powers in a way that would violate other authorities' authority or jurisdiction. When ordering additional investigation or reinvestigation, the High Court, for instance, cannot direct the State to seek the State Public Prosecutor's advice as to what legal provision a person should be charged under and tried under, nor can it direct the State to only look into the case from one particular angle. The High Court cannot specifically order that a specific person must be prosecuted as a result of additional inquiry or reinvestigation while exercising such inherent powers in unusual circumstances.

Taking note of the case's facts, the court stated that it is satisfied that the current instance had been one with extraordinary and unique characteristics, and that the High Court was appropriate in ordering further investigation, particularly about the appellant's role.

Another question presented was whether the High Court was right in making the contested ruling without giving the appellant a chance to be heard. The court stated that the specific combination of facts and circumstances of the case will always determine the question of hearing opportunity in such instances. The bench stated in Popular Muthiah v. State: (2006) 7 SCC 296:

Devendra Nath Singh vs State of Bihar

Latest Legal News