offence. Sub-
s. (8) of s. 173 is material. It reads as under:
"173(8) Nothing in this section shall be deemed to
preclude ... 8) of s. 173 is not the
source of power of the State Government to direct further
investigation. Section 173(8) enables an officer
Section (6) of Section 173 of the Code. There is no
occasion for the court to interpret Section 173(8) of the Code
restrictively. After ... powers of a magistrate in terms of Section 173(2) read with Section
173(8) and Section 156(3) of the Code :
1. The Magistrate
Accused No.1 Vinubhai Haribhai Malaviya for further
investigation under Section 173(8) of the Code of Criminal
Procedure, 1973 (hereinafter referred to as “ CrPC ... details of facts that were alleged in the application under
Section 173(8) and found that a case had been made out for
further investigation
8 JT 173 (SC), 1997 (8) JT 173, 1997 (4) COM LJ 349 SC, 1997 (2) UPTC 1247, 1997 KERLJ(TAX) 662, (1997) 4 COMLJ ... SCALE 175, (1997) 141 TAXATION 169, (1997) 8 SUPREME 333
Bench: Suhas C. Sen , D. P. Wadhwa
PETITIONER:
M/S. SAHNEY STEEL & PRESS WORKS
facto complainant, who is the petitioner
before us, under Section 173(8) Cr.P.C., praying for reinvestigation
of the case, the learned Magistrate directed ... Section 173(8) Cr.P.C.
8. Mr. Gupta submitted that on a plain reading of Sub-section
(8) of Section 173
application filed by the appellant, the original informant, under Section
173(8) of the Code of Criminal Procedure, 1973 (for short, hereinafter
referred ... trial by the
appellant/informant seeking a direction under Section 173(8) from the Trial
Court for further investigation by the police and in particular
8) SCALE 173, (2005) 7 SUPREME 171, (2005) 35 ALLINDCAS 33 (SC), 2005 (10) SRJ 142, MANU/SC/1047/2005 ... RECCIVR 85, (2005) 8 SCALE 173, (2006) 1 WLC(SC)CVL 280, (2006) 1 JLJR 117, (2005) 61 ALL LR 623, (2006) 1 ANDH
powers of a Magistrate in terms of Section 173(2) read with Section 173(8) and Section 156(3) of the Code:
40.1. The Magistrate ... provisions of Sections 173(3) to 173(6) would be applicable to such reports in terms of Section 173(8) of the Code
section 173 of the Code reads as follows:-
173. Report of police officer on completion of investigation.
xx xx xx
(8) Nothing in this section ... report under section 173(2) is filed is empowered to direct the police to further investigate the matter under section 173(8) and to collect
been filed
which is inconformity with the provisions of Sections
173(2) , 173(8) and Section 190 of 'The Code'. It has been ... Section 190 (1) (b) , 190(2) , 2(r) ,
173(1) , 173(2) and 173(8) and of 'The Code' being relevant
need
