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1 - 10 of 12 (0.22 seconds)The Code of Criminal Procedure, 1973
The Indian Penal Code, 1860
Article 21 in Constitution of India [Constitution]
Section 149 in The Indian Penal Code, 1860 [Entire Act]
Sri Indranil Mukherjee vs The State Of West Bengal & Anr on 7 September, 2018
Petitioner also cited another decision of this court reported in Indranil
Mukherjee vs. State of West Bengal and another 2018(4)AICLR395(CAL)
in this citation Hon'ble Court has enumerated that
Further investigation- Rejection of- Investigating
agency perfunctorily conducted investigation without
taking into account the medical evidence by not
sending the accused in the charge sheet despite
allegation levelled against him- Magistrate also
overlooked the police papers placed on Case Dairy
while taking cognizance against one charge sheeted
accused and committed error by rejecting the
application for further investigation- Charge sheet
submitted against one accused and another accused
was not sent up who allegedly assaulted the
complainant- Complainant approached Magistrate
only after having the information and notice with
regard to the submission of charge sheet- Magistrate
has ample power to direct further investigation after
submission of the charge sheet by police even when
4
cognizance has been taken on the charge sheet -
Section 149 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 173 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
Minu Kumari And Anr vs The State Of Bihar And Ors on 12 April, 2006
It appears from the impugned judgment that Learned Magistrate has
passed the impugned order by virtue of the principles laid down in
2006(4)SCC 359(Minu Kumari & Anr. vs. State of Bihar and Ors.) and
also in 2013(5)SCC762(Vinay Tyagi vs.Irshad Alia Alias. Deepak and
Ors.) Learned Magistrate is of view that justice would not fail if he does not
direct the investigating agency to conduct further investigation.