Samiuddin @ Neelu vs State Of U.P. & Another on 16 December, 2010
In the case of Gopi Singh Vs. State of U.P. & Anr. (supra), the fact of the case in nutshell were that the petitioner had lodged a written report at P.S. Gonda, District Aligarh against the accused. The police of P.S. Gonda on the written report of the petitioner registered a case under Section 420 IPC against the accused for investigation. The Investigating Officer did not find prima facie evidence in support of the offence alleged to have been committed by the accused consequently he submitted final report in favour of the accused. The complainant filed protest petition against the final report submitted by the Investigating Officer. The learned Magistrate allowed the protest petition and ordered for re-investigation of the case. The accused thereafter challenged the order passed by the learned Magistrate in revision which was allowed by the learned Additional Sessions Judge and the order passed by the learned Magistrate was set aside. The learned Additional Sessions Judge observed that the learned Magistrate could not order for re-investigation of the case; rather he could order for further investigation of the case under Section 173 (8) of the Code. The complainant challenged the order passed by the learned Additional Sessions Judge before this Court under Section 482 of the Code. The matter came up before the Court for consideration as to whether a Magistrate is empowered to pass an order for re-investigation or further investigation? The Court after going through the number of case laws decided by the Hon'ble Apex Court on the point in issue, held that a Magistrate cannot order for re-investigation of the case; rather he can order for further investigation of the case in view of the provision contained under Section 173 (8) of the Code. The Court thereafter modified the order passed by the learned Magistrate to the extent that instead of re-investigation of the case there will be further investigation of the case.