Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
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Criminal Law
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Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
Judgement Subject Index/Important Decision/Topic

ILC-2015-SC-CRL-Jul-15

Chandra Babu @ Moses Vs. State Through Inspector of Police & Ors.

Head Note

The Code of Criminal Procedure, 1973  - Section 173 (2) ,  (8)

Investigation - Further Investigation - Reinvestigation - Learned Chief Judicial Magistrate was really inclined to direct further investigation but because he had chosen another agency, he has used the word "reinvestigation" - Held that the High Court has fallen into error in its appreciation of the order passed by the learned Chief Judicial Magistrate - It has to be construed in the light of the eventual direction - CJM could not have directed another investigating agency to investigate as that would not be within the sphere of further investigation - He does not have the jurisdiction to direct reinvestigation by another agency - That part of the order deserves to be lancinated - Directed that the investigating agency that had investigated shall carry on the further investigation and such investigation shall be supervised by the concerned Superintendent of Police.

The Code of Criminal Procedure, 1973  - Section 173 (2) , Section 190 (1)

Held that a Magistrate can disagree with the police report and take cognizance and issue process and summons to the accused - Thus, the Magistrate has the jurisdiction to ignore the opinion expressed by the investigating officer and independently apply his mind to the facts that have emerged from the investigation.

The Code of Criminal Procedure, 1973  - Section 397 , Section 401

Revisional Jurisdiction - High Court has adverted to the facts not to see the perversity of approach, or to see that justice is done, but analysed it from an angle as if it is exercising the appellate jurisdiction - Therefore, the High Court's conclusion with regard to the factual score is unsustainable.

The Code of Criminal Procedure, 1973  - Section 397 , Section 482

Inherent Jurisdiction - Revisional Jurisdiction - These should be exercised cautiously - Normally, a revisional jurisdiction should be exercised on a question of law - However, when factual appreciation is involved, then it must find place in the class of cases resulting in a perverse finding - Basically, the power is required to be exercised so that justice is done and there is no abuse of power by the Court.

Topic(s)-Further Investigation - No jurisdiction of Magistrate to direct reinvestigation by another agency







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