Power of Magistrate to order further investigation??

Ferozji, we appreciate your views. However Anilji is right that question in appeal would be of locus standi.

Order just says further investigation. It is not necessary that view has to be changed in the subsequent report. Even after further investigation if the department is of the same opinion it has just to file the report.

Sir no question of appeal can be there with in the provision of section 372 bar it.

The Question is covered by the Supreme Court in the case of State of Bombay Vs Kathi Kali Oghad: AIR 1964 S.C.1808: Ram lal Narang Vs State (Delhi Administration) AIR 1979 SC 1791. The case was decided with reference to the true import of Section 53 and Section 173 (8) of the Criminal Procedure Code.

Sanjeeivji - You seems to have misunderstood. That was not my opinion.  I only had brought to the notice the actual ground realities and the strategies adopted by some of the police officers. 

Feroze - Prima Facie appeal does not lie as Cr.P.C. provides for appeal from Conviction or acquittal only although section 386 Cr.p.c. which deals with the powers of the appellate court talks of appeal from "any other order".  However revision shall lie u/s 397 Cr.P.C.

Yes Anilji I agree with you.

However the point is that on this forum besides highligting the ground realities the rights of people should also be informed.

By reading the judgment attached above  I feel atleast some I.Os. will drop of practice of filing charge-sheet in the absence of any evidence. No doubt in such a charge-sheeted person may be acquitted or discharged but what about the waste of judicial time.

 

 

Originally posted by :ANIL KUMAR MENON
"	Feroze - Prima Facie appeal does not lie as Cr.P.C. provides for appeal from Conviction or acquittal only although section 386 Cr.p.c. which deals with the powers of the appellate court talks of appeal from "any other order".  However revision shall lie u/s 397 Cr.P.C.	"

anil sir that section doesn't give powert to appellate court to hear appeal against any order. Rather this section will operate only in case appeal is allowed from any order specificaly by crpc. Some of these sections are 237(7),454,449,250(6),458(2),86,341,351

Anish - I fully agree with you.  In addition 386 would apply to an order passed under DV act since the DV act provides for an appeal under the said act.

Thanks every one for the points.

 

Can any body give me link to the case laws cited by Sri N K Assumi in his post above. Googling did not help me. TIA.

Feroz ji, you will find the said case laws from the site www.judis.nic.in

Is an order U/S 173(8) Crpc  interlocutory ? if yes, than is  a revision u/s 397 Crpc maintainable against the order of magistrate u/s 173(8)  in the case of S.406,420, 409, 120 IPC  ? please explain me with citation if possible.