Magistrate Cannot Suo Motu Direct Further Investigation After Discharging The Accused: SC [Read Judgment]

Ashok Kini

16 April 2019 3:32 PM IST

The power to order further investigation which may be available to the Magistrate at the precognizance stage may not be available to the Magistrate at the post-cognizance stage, more particularly, when the accused is discharged by him.

The Supreme Court has observed that a Magistrate has no jurisdiction to suo moto pass an order for further investigation/reinvestigation after he discharges the accused. Bikash Ranjan Rout was accused for the offences under Sections 420, 468 and 471 of the IPC. After completing investigation, the investigating officer filed the charge-sheet against the accused. At the time of framing...

Magistrate Cannot Suo Motu Direct Further Investigation After Discharging The Accused: SC [Read Judgment]

Ashok Kini

The power to order further investigation which may be available to the Magistrate at the pre­cognizance stage may not be available to the Magistrate at the post-cognizance stage, more particularly, when the accused is discharged by him.

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The power to order further investigation which may be available to the Magistrate at the precognizance stage may not be available to the Magistrate at the post-cognizance stage, more particularly, when the accused is discharged by him.