being transferred to the crime investigation
department ―for the purpose of reinvestigation‖. The letter, insofar as is material,
reads thus:
―In respect of the above ... being transferred to Crime Investigation Department for the
purposes of reinvestigation. Hence, you are requested to
undertake the necessary steps for handing over the case
other words, it has to be understood in
complete contradistinction to a ‘reinvestigation’, ‘fresh’ or ‘de novo’
investigation.
16. However, in the case ... fresh investigation’, ‘reinvestigation’ or
‘de novo investigation’ there has to be a definite order of the court. The
order of the Court unambiguously should state
done, the residuary jurisdiction of a court to
direct further investigation or reinvestigation by any
impartial agency, probe by the State Police
notwithstanding ... reliability is the
precondition for a direction for further investigation or
reinvestigation, submission of the charge-sheet ipso
facto or the pendency of the trial
petitioner
before us, under Section 173(8) Cr.P.C., praying for reinvestigation
of the case, the learned Magistrate directed the Officer in-Charge,
Asansol ... South) Police Station, to reinvestigate the case and to
submit a report.
3. The Respondents No.2 and 3 filed an application under
Section
conducted
by the CBCID and that her insistence for further investigation or
reinvestigation by the CBI is wholly impermissible ... exceptional circumstance nor any justifiable reason in law to direct a
reinvestigation by the CBI when the trial is underway. He dismissed the
authorities cited
Court has no power to direct a fresh
investigation or reinvestigation into the case by the police.
He submitted that the High Court, therefore, could ... have
directed the CBI to start a fresh investigation or
reinvestigation of the case after the police had filed charge
sheet under sub-section
witnesses
were cited to be examined, there was no justification for directing
reinvestigation of the case. It further directed that the protest petition ... case when
the learned Chief Judicial Magistrate had only directed for reinvestigation
by different investigating agency. It is urged by him that if the order
Station Officer of Police Station, Sadar Bazar, District Meerut to reinvestigate the matter with special reference to the issues referred to in the order dated ... exercising his jurisdiction under section 173 (8) Cr.P.C. cannot direct reinvestigation. The Magistrate can only direct for further investigation. In support
whether the Special Judge could
refuse to accept closure report and direct reinvestigation of the
case for the second time in order to proceed further ... Police Establishment, Lokayukta Office and
closure report was submitted after completion of
reinvestigation. On this occasion, when the Special Judge
refused to accept closure report
said case. The learned Magistrate had inadvertently used the word "reinvestigation". Based on the said permission granted by the learned Magistrate, further investigation ... further observed that "Magistrate has no power to direct "reinvestigation or "fresh investigation" (de novo) in the case initiated
