Legal Reference Library

A two Judge bench of the Supreme Court  in AMRUTBHAI SHAMBHUBHAI PATEL vs SUMANBHAI KANTIBHAI PATEL & ORS,  held 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 comprising Justices Dipak Misra and Amitava Roy held that 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. “At that stage, neither the Magistrate suo motu nor on an application filed by the complainant/informant direct further investigation. Such a course would be open only on the request of the investi...

The Orissa High Court in Nandita Sethi vs. State of Orissa, has held that a magistrate cannot direct further investigation of the case at the instance of a de facto complainant after taking cognizance of offences on the basis of charge sheet submitted by police. A magistrate, on a petition filed by the defacto complainant, had ordered further investigation of the case under Section 173(8) of CrPC. The prosecution, in the instant case, had objected to the said petition stating that the defacto complainant has no locus standi to file such petition and when charge sheet has already been submitted and cognizance of offences has been taken, such petition should not be entertained. Aggrieved by the said order, the accused approached the high court. Justice SK Sahoo observed that even though after taking cognizance of the offence by the magistrate upon the charge sheet or final report submitted by police, the right of the police to further investigate the case is not exhausted after seeki...