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Investigation is the realm of the police and not of Court

Raj Kumar Makkad ,
  05 July 2010       Share Bookmark

Court :
Madras High court
Brief :
Inherent powers of High Court - Execution thereof under Section 482 of the Code of Criminal Procedure, 1973 - Whether the High Court is empowered to give directions under sec. 482 to quash proceedings against the petitioners?
Citation :
M. Selvam v. State represented by the Inspector of Police (Decided on 09.04.2010)

Held, the fact that there was a further investigation under Section 173(8) Cr.P.C. would not stand in the way of the concerned Court to consider the materials gathered in the original investigation. The process of shifting the material and weighing the evidence is one which is reserved for the trial Court. This Court in exercise of its inherent power cannot enter upon such an exercise. Investigation is the realm of the police. Where the investigating officer has thought it fit that the petitioners herein also be arrayed as accused in the case, it is not for this Court to state otherwise.

 

 
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Published in Criminal Law
Views : 1060




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