Search Results Page

Search Results

1 - 10 of 14 (0.21 seconds)

Dinesh Dalmia vs C.B.I on 18 September, 2007

: Tapi vide order dated 10.05.2013 dismissed the said suit preferred by the accused persons on the ground that the management and other members have rightly acted as per the rules Page 6 of 8 Downloaded on : Wed Jan 12 03:09:09 IST 2022 R/SCR.A/10663/2019 ORDER and regulations of the society and nowhere any illegality whatsoever is proved before this Court. Pursuant to disclosing of material facts, pending Criminal Case No.5 of 2010, the learned Additional Public Prosecutor, Valod had preferred application under Section 173(8) of the Cr.P.C. below Exh.99 seeking further investigation in the matter. The power of investigation for further investigation under Section 173(8) of Cr.P.C. is not taken away only because chargesheet is filed. Further investigation would be permissible if order of cognizance of offence has been taken by the Magistrate as has been laid down by the Hon'ble Apex Court in the case of Dinesh Dalmia Vs. C.B.I. Reported in AIR 2008 SC 78. There is no express in the Cr.P.C. which would bar the right of the police for further investigation, after cognizance of the case has been taken by the Magistrate. Submissions of police report under Section 173(2) of the Cr.P.C. would not preclude Magistrate from directing further investigation.
Supreme Court of India Cites 26 - Cited by 158 - S B Sinha - Full Document
1   2 Next