Further investigation after taking cognizance

Vinubhai Haribhai Malviya And Others v. State Of Gujarat

2019(3) ALT Cri 284 (SC)
DECIDED ON: 16th Day Of October, 2019

BENCH SUPREME COURT OF INDIA: Justice Rohinton F Nariman, Justice Surya Kant and
Justice V Ramasubramanium

ISSUE : The issue before the Apex Court was, whether a magistrate has the power to order further investigation under Section 173(8) CrPC?

The Supreme Court while dealing with the issue above mentioned overruled a three-judge bench judgment in Devarapally Lakshminarayana Reddy v. V Narayana Reddy [1976 AIR 1672]. Further investigation Under Section 178(8) can be conducted by investigation officer even without the order of Magistrate. Earlier judgments had taken the view that the power u/s 173(8)
vested only in the investigating agency and that a magistrate had no power to order investigation under the sub-section.
However, the Court in Malviya’s Case held that the Magistrate has power Under Section 156(3) to order further investigation even at the post cognizance stage until the trial commences. This power can be exercised suo moto by Magistrate. Whether further investigation should be ordered or should not be ordered is the discretion of the Magistrate depending upon fact of each case. In
paragraph 38, the Court expressly overruled those decisions of the Apex Court that interpreted Section 173(8) CrPC restrictively.

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