Only Sessions Court Can Order Further Probe Upon Committal Of Case, Not Ilaqa Magistrate: Delhi High Court

The Delhi High Court has ruled that upon committal of a case, only the Court of Sessions can order further investigation and not an ilaqa magistrate. “After committal of the case by the Magistrate, it is the Court of Session that is trying the case. The proviso to Section 193(9) BNSS does not leave any doubt that after committal, the power to order further investigation is with the Court of Session,” a division bench comprising Justice Prathiba M Singh and Justice Rajneesh Kumar Gupta held. The Court observed that the Sessions Court, once invested with original jurisdiction and seized of the case, is the Court that can direct further investigation in the case. The Bench reasoned that the entire material of the case is before the sessions court and thus, it can better decide whether the matter requires further investigation or not, according to the facts of the case.The bench was answering questions raised in a criminal reference referred by a Metropolitan Magistrate. The two questions were:- Upon committal of a case, before whom should the supplementary chargesheet be filed, whether an Ilaqa Magistrate or a Court of Session qua the Trial Court?- Upon committal of a case, who is the repository of power to order further investigation, whether an Ilaqa Magistrate or a Court of Session qua the Trial Court?Closing the matter, the Bench held that a supplementary chargesheet shall be treated as a police report within the meaning of Section 173(2) of CrPC and must be filed before the concerned Magistrate, who is required to take cognizance of that supplementary chargesheet and commit the case to the Court of Sessions. Further, it held that terms of Section 193(9) of Bharatiya Nagarik Suraksha Sanhita, 2023, further investigation during a trial may be conducted with the permission of the court trying the case.“Accordingly, the Reference is answered and disposed of. Let a copy of this judgment be circulated to all the learned Principal District and Sessions Judges for information and necessary compliance,” the Bench ordered.Title: COURT ON ITS OWN MOTION v. STATECitation: 2025 LiveLaw (Del) 1420Click here to read order

Only Sessions Court Can Order Further Probe Upon Committal Of Case, Not Ilaqa Magistrate: Delhi High Court

Nupur Thapliyal

Tags