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Order From Magistrate Not Necessary For Every Facet Of Investigation: SC [Read Judgment]

LIVELAW NEWS NETWORK
25 Oct 2019 3:43 PM GMT
Order From Magistrate Not Necessary For Every Facet Of Investigation: SC [Read Judgment]
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The Supreme Court has observed that there is no requirement that for every facet of investigation, orders from the Magistrate are required.

In this case, CBI was investigating an FIR in connection with conduct of Combined Civil Services Examination conducted by Jharkhand Public Service Commission (JPSC).

The bench comprising Justice Deepak Gupta and Justice Aniruddha Bose observed that a person who is an accused has no business in challenging the manner of investigation unless it invades his personal liberties or rights. It added that the manner in which investigation is to be carried out must be decided by the Investigating Agency.

While dealing with the contention that the CBI should again approach the Magistrate for directions to get the answer scripts re-evaluated, the bench in Praveen Kumar Prakash vs. State of Jharkhand, said:

Further it is for the Magistrate exercising power under Section 156, CrPC to see whether the investigation is properly conducted or not. It is for the Investigating Agency to investigate a crime in the manner which it feels is the best. It can approach the Magistrate for assistance or specific orders when there is something beyond the scope of investigating agency for which orders of the Magistrate are required but the investigating agency can carry out the investigation, without orders of the Magistrate. It is not necessary that for every facet of investigation, orders from the Magistrate are required. That is not the purpose of the CrPC. 

Click here to Read/Download Order


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