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1 - 10 of 14 (0.29 seconds)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
uninfluenced by any observation in the impugned order of the
High Court."
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
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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 reopening of the investigation
even after the police submits the final report, vide State of Bihar
v. J.A.C. Saldanha (SCC : AIR para 19).