Further investigation to police by Magistrate?

Thanks Sir to examin us.

It is legal. He can order for reinvestigation.

Arvind, thank you for your responds. Are you sure that it is legal? Lets wait and see for more.

Sir in Minu Kumar & another V/S State of Bihar and others SCC 2006(2) (Cri) 310, Sc held that on receiving police report magistrate may direct police for further investigation under 156(3).

i think this question is already raised and answered in some other thread

unless police applies for further investigation, magistrate cannot order reinvestigation nor further investigation on his own, AFTER TAKING COGNIZNACE AND ISSUED SUMMONS. 

refer 2009(9) SCC129 Reeta nag Vs State of W.B.

while on a similar issue, there was a complaint by an organisation to cbi against an employee. the cbi files a closure report, the organistion files objection and  simultaneously an employee- dismissed by the same organisation on the verbal instructions of the same boss, for the employee misbehaved with an officer, including the said officer employee-(the background is obvious to point out that the dismissed employee was managed). The special court orders re-investigation by a senior level officer of the cbi. Is this a valid order when the investigating agency - the CBI-has filed a closure already? Pl communicate at kharakhira007@gmail.com

Thanks and regards.

krishnan sir,

   it is a valid order. if the court not satisfied with the investigation or any doubt is arised on the investigating officer it can, on suo moto or on the application by complainant, direct further investigation by other or superior officers.

sec.173(8) empower to the police for further investigation & magistrate has power u/s 156(3) of Cr.p.c

The magistrate cannot order further investigation by the police. The scope of investigation is within the province of the investigation officer. Even the Courts in our Country have no power even to order the police to do investigation in a particular manner. The magistrate under the given query, may utmost decide the case before him and acquit or convict the accused based upon the already submitted challan.

i subscribe to the views of MOHANA SUNDARAM. a magistrate has no power of inherent nature so he cannot order to reinvestigate as process is already issued. he cannot direct further investigation as it would alter the position of the accused who has already appeared.

While I sincerely thank Mr Mohana Sundaram, I request Mr Gurunarayana Rao to kindly give me any citation on his view as expressed above. I have another querry for all the gentleman/ladies -can I file a case/appeal for review of order on the basis of SC judgement in Reeta Nag vs. State of WB, and the fact that the opposition was filed by an employee who was dismissed on disciplinary grounds and thus is an unreliable person who has taken plea before the court on the grounds that my letter petition is pending wherein I have requested the High Court to order investigation into 'conspiracy' hatched against me in framing me by the boss who went against me. If so, kindly advise me if I would be required to quote any section from the Cr PC or any other besides the SC judgement noted above. Thanks. I may be contacted at krishan13629@yahoo.co.in also if you please.