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1 - 10 of 10 (0.79 seconds)Section 34 in The Indian Penal Code, 1860 [Entire Act]
Section 173 in The Indian Penal Code, 1860 [Entire Act]
Section 498A in The Indian Penal Code, 1860 [Entire Act]
Section 304B in The Indian Penal Code, 1860 [Entire Act]
Vinay Tyagi vs Irshad Ali @ Deepak & Ors on 13 December, 2012
40. This question was answered by the Apex Court in Viney Tyagi
v. Irshad Ali (supra) as under:
Section 161 in The Indian Penal Code, 1860 [Entire Act]
Section 156 in The Indian Penal Code, 1860 [Entire Act]
Hemant Dhasmana vs Central Bureau Of Investigation And Anr on 17 August, 2001
23. "This judgment, thus, clearly shows that the Court of
Magistrate has a clear power to direct further investigation
when a report is filed under Section 173(2) and may also
exercise such powers with the aid of Section 156(3) of the
Code. The lurking doubt, if any, that remained in giving
wider interpretation to Section 173(8) was removed and
controversy put to an end by the judgment of this Court in
the case of Hemant Dhasmana v. CBI, [(2001) 7 SCC 536]
where the Court held that although the said order does not,
in specific terms, mention the power of the court to order
further investigation, the power of the police to conduct
further investigation envisaged therein can be triggered into
motion at the instance of the court. When any such order is
passed by the court, which has the jurisdiction to do so,
then such order should not even be interfered with in
exercise of a higher court's revisional jurisdiction. Such
orders would normally be of an advantage to achieve the
ends of justice.
The Indian Penal Code, 1860
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