Judge Suraj govindraj judgment regarding applicability of 154(3) of crpc even after filing charge sheet.

Hello Mr Shivu,

I have gone through your query and since the specific angle of your query is not entirely evident, allow me to attempt to address it from different possible perspectives that I believe will be helpful to you.

In addressing this query with regards to Judge Suraj Govindraj’s judgement on the application of section 154(3) of the CrPC even after filing of a chargesheet , here are some possible perspectives that you may find helpful.

Applicability of the Section 154(3) - This particular section allows the complaints senior officers if the police fails to register an FIR. This section may not be applicable directly after the filing of chargesheet since the investigation is considered advanced. However the procedural flexibility is still present under the related provisions like Section 173(8) – this allows for the investigation to move further if needed.

Magistrate’s authority - The Magistrate may direct furthering the investigation under the Sections 156(3) or 202 CrPC even after the filing of charge sheet, depending on the facts of the case.

The role of the High Court – usually the High Courts avoid interference under Article 227 if the lower courts are able to provide remedies like directing further investigation under Section 173(8).

Referring to the precedent of  cases like Vinubhai Haribhai Malaviya which affirms that investigation powers extend until the trial commences, this ensures that both complainants and accused are able to seek justice as new facts come to light.

Thank you for reaching out to us, if further clarification or a particular focus point is needed please let me know and please feel free to ask any follow up questions that you may have.