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1 - 4 of 4 (0.21 seconds)Ram Lal Narang Etc. Etc vs State Of Delhi (Admn.) on 10 January, 1979
So the
contention that the allegations do not disclose an offence
under Section 420 of the IPC has to be repelled and we are
of the opinion that the Magistrate has rightly taken
cognizance of the said offence. Power of the police to
conduct further investigation, after laying final report, is
recognised under Section 173(8) of the Code of Criminal
Procedure. Even after the court took cognizance of any
offence on the strength of the police report first
submitted, it is open to the police to conduct further
investigation. This has been so stated by this Court in Ram
Lal Narang v. State (Delhi Admn.) (AIR 1979 SC 1791). The
only rider provided by the aforesaid decision is that it
would be desirable that the police should inform the court
and seek formal permission to make further investigation.
In such a situation the power of the court to direct the
police to conduct further investigation cannot have any
inhibition. There is nothing in Section 173(8) to suggest
that the court is obliged to hear the accused before any
such direction is made. Casting of any such obligation on
the court would only result in encumbering the court with
the burden of searching for all the potential accused to be
afforded with the opportunity of being heard. As law does
not require it, we would not burden the magistrate with such
an obligation.
Section 173 in The Indian Penal Code, 1860 [Entire Act]
Section 415 in The Indian Penal Code, 1860 [Entire Act]
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