N.K.Assumi (Advocate) 16 December 2009

After issue of process can the Magistrate direct Reinvestiga

After the Chgarge sheet was filled by the Investigation Officer, accused appear in the court on a process issued by the Court, but after the acused appereance, the Court directed the Investigation Officer for Re investifgation of the case. Can the Magistrate make such a direction to the police?

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17 Replies

Anish goyal (Advocate) 16 December 2009

I think if can't. But only a personal opinion. I also want some concreat opinion

R.R. KRISHNAA (Legal Manager) 16 December 2009

The magistrate has no powers to order reinvestigation. But on certain new facts and new evidences, the magistrate has powers to order further investigation. Hence only further investigation is permissible and not reinvestigation.

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MOHANA SUNDARAM (Advocate High court Madras. M-9840908555) 16 December 2009

No, he cannot order reinvestigation after taking cognizance and issuing process. Further why he order for reinvestigation? if he dissatisfied with the investigation he should return it for reinvestigation. if he found some facts were concealed in charge sheet, he can conduct enquiry on witnesses and include a fresh charge.if he found some other persons also involved in the case, after examinig the witnesses, he can send summon u/s 319. Hence in any way it is impermissible.

N.K.Assumi (Advocate) 16 December 2009

A big thanks to all, for your valuable contributions.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 17 December 2009

Dear Frisends,

Though he does not have power to interfear into the investigation, but court has right to accept or reject the investigation report, so where court did not found any report accurate or correct and smell some foul play or something left or not correct then he can order for reinvetigation to clearify that point. I have seen many such cases.

Regards

(Guest)

I agree with Grover ji.

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555) 17 December 2009

yes groverji i too agree with you but here the question is after taking cognizance and issuing process whether reinvestigation can be ordered? if any citations available, plzz provide.

Raghav Sood (Lawyer) 19 December 2009

i am agreed with KRISHNAlegal but in addition further investiagion only upon an application moved by Investigating agency latestly Hon' S.C as delivered a Judgemnt reagrding this point

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555) 20 December 2009

raghav sir

can you please mention the citation. plzzz

Raghav Sood (Lawyer) 20 December 2009

to Sh. MOHANA SUNDARAM

here is the citation

MOHANA SUNDARAM 2009(9)SCC 129

MOHANA SUNDARAM (Advocate High court Madras. M-9840908555) 21 December 2009

Rajiv sir,

thank you

Hardik Mehta (Family Counsellor) 21 December 2009

Yes the court can order the re-investigation if the court need to get more clarity and if some of the points are not looked into the investigation. This happens in some case in 498a and 304B. In some cases if the accused himself is not satisfied with the investigation done by the police, he can request the court to do the same by giving some aspects of the case and if the judge is satisfied, he can ask for re-investigation.