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Documents citing Ramachandran vs R. Udhayakumar & Ors on 13 May, 2008

Samiuddin @ Neelu vs State Of U.P. & Another on 16 December, 2010

In the the case of Ramachandran Vs. R. Udhayakumar and Others (Supra), the Hon'ble Apex Court disapproved the order passed by the High Court for fresh investigation of the case; rather observed that there can be further investigation of the case as provided under Section 173 (8) of the Code. The relevant observation of the Hon'ble Apex Court finds place in para 8 of the judgment which is being extracted below:
Allahabad High Court Cites 6 - Cited by 0 - R M Chauhan - Full Document

Raj Pal Singh vs Central Bureau Of Investigation & ... on 30 May, 2015

18. Next question that comes up for consideration of this Court is whether the empowered Magistrate has the jurisdiction to direct 'further investigation' or 'fresh investigation'. As far as the latter is concerned, the law declared by this Court consistently is that the learned Magistrate has no jurisdiction to direct 'fresh' or 'de novo' investigation. However, once the report is filed, the Magistrate has jurisdiction to accept the report or reject the same right at the threshold. Even after accepting the report, it has the jurisdiction to discharge the accused or frame the charge and put him to trial. But there are no provisions in the Code which empower the Magistrate to disturb the status of an accused pending investigation or when report is, filed to wipe out the report and its effects in law. Reference in this regard can be made to K. Chandrasekhar v. State of Kerala, [(1998) 5 SCC 223 : (AIR 1998 SC 2001 : 1998 AIR SCW 1852)]; Ramachandran v. R. Udhayakumar, [(2008) 5 SCC 413 : (AIR 2008 SC 3102 : 2008 AIR SCW 5469)], Nirmal Singh Kahlon v State of Punjab & Ors., [(2009) 1 SCC 441 : (AIR 2009 SC 984 : 2009 AIR SCW 60)]; Mithabhai Pashabhai Patel & Ors. v. State of Gujarat, [(2009) 6 SCC 332 : (AIR 2009 SC (Supp) 1658 :
Himachal Pradesh High Court Cites 57 - Cited by 1 - Full Document

Vinay Tyagi vs Irshad Ali @ Deepak & Ors on 13 December, 2012

“13. It is, however, beyond any cavil that ‘further investigation’ and ‘reinvestigation’ stand on different footing. It may be that in a given situation a superior court in exercise of its constitutional power, namely, under Articles 226 and 32 of the Constitution of India could direct a ‘State’ to get an offence investigated and/or further investigated by a different agency. Direction of a reinvestigation, however, being forbidden in law, no superior court would ordinarily issue such a direction. Pasayat, J. in Ramachandran v. R. Udhayakumar (2008) 5 SCC 513 opined as under: (SCC p. 415, para 7) ‘7. At this juncture it would be necessary to take note of Section 173 of the Code. From a plain reading of the above section it is evident that even after completion of investigation under sub-section (2) of Section 173 of the Code, the police has right to further investigate under sub-
Supreme Court of India Cites 41 - Cited by 658 - S Kumar - Full Document

The State Of Karnataka vs Mahesh Kumar on 28 February, 2020

State of Kerala (1998) 5 SCC 223; Ramachandran v. R.Udhayakumar (2008) 5 SCC 413; and Nirmal Singh Kahlon v. State of Punjab (2009) 1 SCC 441; Mithabhai Pashabhai Patel v. State of Gujarat (2009) 6 SCC 332; and Kishan Lal v. Dharmendra Bafna (2009) 7 SCC 685 has emphasised that where the court comes to the conclusion that there was a serious irregularity in the investigation that had taken place, the court may direct a further investigation under Section 173(8) Cr.P.C., even transferring the investigation to an independent agency, rather than directing a re-investigation. "Direction of a reinvestigation, however, being forbidden in law, no superior court would ordinarily issue such a direction."
Karnataka High Court Cites 30 - Cited by 0 - Full Document

Mahesh Dan vs State on 24 March, 2017

However, once the report is filed, the Magistrate has jurisdiction to accept the report or reject the same right at the threshold. Even after accepting the report, it has the jurisdiction to discharge the accused or frame the charge and put him to trial. But there are no provisions in the Code which empower the Magistrate to disturb the status of an accused pending investigation or when report is, filed to wipe out the report and its effects in law. Reference in this regard can be made to K. Chandrasekhar v. State of Kerala; Ramachandran v. R. Udhayakumar; Nirmal Singh Kahlon v. State of Punjab and Ors.; Mithabhai Pashabhai Patel and Ors. v. State of Gujarat; and Babubhai v. State of Gujarat.
Rajasthan High Court - Jodhpur Cites 17 - Cited by 0 - P K Lohra - Full Document

Pritam Singh Chaudhary & Another vs State Of Himachal Pradesh & Others on 6 April, 2015

superior court in exercise of its constitutional power, namely, under Articles 226 and 32 of the Constitution of India could direct a 'State' to get an offence investigated and/or further investigated by a different agency. Direction of a reinvestigation, however, being forbidden in law, no superior court would ordinarily issue such a direction. Pasayat, J. in Ramachandran v. R. Udhayakumar (2008) 5 SCC 513 opined as under:
Himachal Pradesh High Court Cites 31 - Cited by 25 - T S Chauhan - Full Document

Shri Mahesh Puri vs State Of Himachal Pradesh on 29 May, 2015

'further investigation' and 'reinvestigation' stand on different footing. It may be that in a given situation a superior court in exercise of its constitutional power, namely, under Articles 226 and 32 of the Constitution of India could direct a 'State' to get an offence investigated and/or further investigated by a different agency. Direction of a reinvestigation, however, being forbidden in law, no superior court would ordinarily issue such a direction. Pasayat, J. in Ramachandran v. R. Udhayakumar (2008) 5 SCC r 513 opined as under: (SCC p. 415, para 7) "7. At this juncture it would be necessary to take note of Section 173 of the Code. From a plain reading of the above section it is evident that even after completion of investigation under sub-
Himachal Pradesh High Court Cites 25 - Cited by 1 - T S Chauhan - Full Document
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