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1 - 9 of 9 (0.24 seconds)Article 226 in Constitution of India [Constitution]
Sakiri Vasu vs State Of U.P. And Others on 7 December, 2007
In view of the settled position in Sakiri Vasu case, the impugned
judgment of the High Court cannot be sustained and is hereby set
aside. The Magistrate concerned is directed to ensure proper
investigation into the alleged offence under Section 156(3) CrPC and
if he deems it necessary, he can also recommend to the SSP/SP
concerned a change of the investigating officer, so that a proper
investigation is done. The Magistrate can also monitor the
investigation, though he cannot himself investigate (as investigation is
the job of the police). Parties may produce any material they wish
before the Magistrate concerned. The learned Magistrate shall be
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W.P.No.7740/2021
uninfluenced by any observation in the impugned order of the High
Court."
Shweta Bhadauriya vs The State Of Madhya Pradesh Thr on 21 June, 2016
(Emphasis supplied)
In congruence with the aforesaid well settled position, a Division
Bench of this Court has taken a similar view in the case of Shweta
Bhadoriya Vs. State of M.P. & others (2017 (1) MPLJ (Cri) 338)).
M. Subramaniam vs S. Janaki on 20 March, 2020
(Emphasis supplied)
Recently the Apex Court in the case of M.Subramaniam Vs. S.
Janaki (Cr.A. No.102 of 2011) decided on 20/3/2020, has held as under:-
Section 190 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 482 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of Bihar And Anr vs J.A.C. Saldanha And Ors on 13 November, 1979
16. The power in the Magistrate to order further investigation under Section
156(3) is an independent power, and does not affect the power of the investigating
officer to further investigate the case even after submission of his report vide
Section 173(8). Hence the Magistrate can order re-opening of the investigation
even after the police submits the final report, vide State of Bihar vs. A.C. Saldanna
AIR 1980 SC 326 (para 19).
Section 154 in The Code of Criminal Procedure, 1973 [Entire Act]
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