Plaintiff In Title Suit Must Prove Own Case On Independent Evidence, Cannot Rely On Weakness Of Defence: Supreme Court Advocate Commissioner's Failure To Localize Land Per Title Deeds Fatal To Encroachment Claim: Andhra Pradesh High Court Enmity Is A Double-Edged Weapon, Can Be Motive For False Implication As Much As For Crime: Allahabad High Court Parity In Bail: Karnataka High Court Grants Relief To Accused In Robbery Case As Mastermind & Main Offenders Were Already Enlarged Specific Performance Denied If Buyer Fails To Prove Continuous Readiness With Funds; Part-Payment Can't Be Forfeited Without Specific Clause: Delhi High Court Seized Vehicles Shouldn't Be Kept In Police Stations For Long, Courts Must Judiciously Exercise Power To Release On Supurdagi: Madhya Pradesh High Court Prolonged Incarceration Militates Against Article 21, Constitutional Principles Must Override Section 37 NDPS Rigors: Punjab & Haryana High Court Onus On Individual To Prove Claim Of 'Fear Of Religious Persecution' For Exemption Under Foreigners Act: Calcutta High Court Direct Recruits Cannot Claim Seniority From A Date Prior To Their Entry Into The Cadre: Orissa High Court Sale Deed Executed After Land Vests In State Confers No Title; Post-Vesting Purchaser Can’t Claim Compensation: Calcutta High Court No Right To Blanket Regularization For Contractual Staff; State Must Timely Fill Sanctioned Vacancies Under Reserved Quota: Supreme Court Non-Signatory Collaborator Under 'Deed Of Joint Undertaking' Can Invoke Arbitration Clause As A 'Veritable Party': Supreme Court Insolvency Proceedings Cannot Be Used As Coercive Recovery Mechanism For Complex Contractual Disputes: Supreme Court Legal Heirs Who Were Parties To Sale Cannot Challenge Transfer Under PTCL Act After Long Delay: Supreme Court SC/ST Act | Proceedings To Annul Sale Illegal If Initiated By Legal Heirs Who Were Parties To The Transaction: Supreme Court Consumers Cannot Be Burdened With Tariff Charges Beyond Period Of Service Delivery: Supreme Court Mere Non-Production Of Old Selection Records Or Non-Publication Of All Candidates' Marks No Ground To Direct Appointment: Supreme Court

Magistrate can order Further investigation after taking Cognizance - Orissa HC

07 May 2024 8:19 AM

By: Admin


The Orissa High Court has reaffirmed that just when an offence has been adjudicated, judicial magistrates still have the authority to compel further investigation under Section 173(8) of the Code of Criminal Procedure.

In Vinubhai Haribhai Malaviya v. The State of Gujarat, a three-judge bench decision of the Supreme Court from 2019 was cited by a single judge bench led by Chief Justice Dr. S. Muralidhar to clarify the legal position. After the Court overturned several earlier inconsistent rulings, it held,

Thus, it is evident that the Magistrate's authority under Section 156(3) of the CrPC is fairly broad. After all, it is this judicial authority that must be convinced that the police have conducted a legitimate inquiry. According to Article 21 of the Indian Constitution, the Magistrate must have access to all necessary powers, including incidental or implied powers, in order to ensure that a "proper investigation"—defined as a fair and just investigation by the police—takes place. This, of course, includes the authority to order additional investigations after receiving a report under Section 173(2). In fact, even by text, the "investigation" mentioned in Section 156(1) of the Criminal Procedure Code would include all proceedings for the gathering of evidence carried out by a police officer, which would undoubtedly include proceedings by way of further investigation under Section 173(8) of the CrPC. Thus, it is evident that the Magistrate's authority under Section 156(3) of the CrPC is fairly broad. After all, it is this judicial authority that must be convinced that the police have conducted a legitimate inquiry. According to Article 21 of the Indian Constitution, the Magistrate must have access to all necessary powers, including incidental or implied powers, in order to ensure that a "proper investigation"—defined as a fair and just investigation by the police—takes place. This, of course, includes the authority to order additional investigations after receiving a report under Section 173(2). In fact, even by text, the "investigation" mentioned in Section 156(1) of the Criminal Procedure Code would include all proceedings for the gathering of evidence carried out by a police officer, which would undoubtedly include proceedings by way of further investigation under Section 173(8) of the CrPC."

In light of this, the trial court's contested order is hereby reversed. The petitioner's request would be granted as a result of the current ruling, and the magistrate would provide the proper directives regarding further inquiry as per Section 173(8) Cr.P.C."

Manoj Kumar Agarwal vs State of Odisha

Latest Legal News