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2019 (10) TMI 1428 - SC - Indian LawsPower of Magistrate to order further investigation after a charge-sheet is filed by the police - up to what stage of a criminal proceeding can be investigated? - HELD THAT - The FIR dated 22.12.2009 is concerned with two criminal acts, namely, the preparing of fake and bogus 'Satakhat' and Power-of-Attorney in respect of the agricultural land in question, and the demanding of an amount of ₹ 2.5 crores as an attempt to extort money by the Accused persons. The facts that are alleged in the application for further investigation are facts which pertain to revenue entries having been made in favour of Ramanbhai Bhagubhai Patel and Shankarbhai Bhagubhai Patel, and how their claim over the same land is false and bogus. Shri Basant is, therefore, right in submitting that the facts alleged in the applications for further investigation are really in the nature of a cross-FIR which has never been registered. In fact, the communication of the Commissioner of Revenue, Gujarat dated 15.03.2011 to the Collector, Surat-so strongly relied upon by Shri Dushyant Dave-bears this out. In this communication, the learned Commissioner doubts that a particular order dated 14.04.1976 passed by a revenue authority ever existed, and that by making an application in the name of the long since deceased Bhikhabhai Khushalbhai in 2010, for getting a copy of Form No. 3 would, prima facie, amount to a criminal offence. This is not a case which calls for any further investigation into the facts alleged in the FIR lodged on 22.12.2009. Yet, having regard to what is stated by the learned Commissioner in the said letter, the police be directed to register an FIR qua these facts, which needs to be investigated by a senior police officer nominated by the concerned Commissioner of Police. However, given the serious nature of the facts alleged in the communication of the Commissioner of Revenue dated 15.03.2011, we direct that the police register an FIR based on this letter within a period of one week from the date of this judgment - This FIR is to be enquired into by a senior police officer designated by the concerned Commissioner of Police, who is to furnish a police report pursuant to investigation within a period of three months from the date on which such officer is appointed to undertake such investigation - Appeal disposed off.
Issues Involved:
1. Whether a Magistrate has the power to order further investigation after a charge-sheet is filed and cognizance is taken. 2. The scope and limits of a Magistrate’s power under Section 173(8) of the Code of Criminal Procedure (CrPC). 3. The distinction between further investigation and reinvestigation. 4. The interpretation of relevant sections of the CrPC, including Sections 156(3), 173(8), 190, and 202. 5. The impact of Article 21 of the Constitution on the investigation process. Detailed Analysis: Issue 1: Whether a Magistrate has the power to order further investigation after a charge-sheet is filed and cognizance is taken. The Supreme Court examined whether a Magistrate can order further investigation after a charge-sheet is filed and cognizance is taken. The Court concluded that the Magistrate retains the power to order further investigation until the trial commences. This power is grounded in Section 156(3) read with Section 173(8) of the CrPC. The Court emphasized that the supervisory jurisdiction of the Magistrate continues until charges are framed, and this power is essential to ensure a fair and just investigation. Issue 2: The scope and limits of a Magistrate’s power under Section 173(8) of the CrPC. The Court clarified that Section 173(8) allows the police to conduct further investigation even after a report under Section 173(2) has been forwarded to the Magistrate. The Magistrate can also order further investigation based on this provision. The Court stated that this power is not limited to the pre-cognizance stage but extends until the trial commences. The Magistrate’s power to order further investigation is crucial to ensure that the investigation is fair and just, aligning with the requirements of Article 21 of the Constitution. Issue 3: The distinction between further investigation and reinvestigation. The Court differentiated between further investigation and reinvestigation. Further investigation is conducted to gather additional evidence and can be ordered by the Magistrate. In contrast, reinvestigation implies starting the investigation afresh, which the Magistrate cannot order. The Court emphasized that the Magistrate’s power is limited to directing further investigation to ensure that the investigation is thorough and fair. Issue 4: The interpretation of relevant sections of the CrPC, including Sections 156(3), 173(8), 190, and 202. The Court analyzed various sections of the CrPC to interpret the scope of the Magistrate’s powers. Section 156(3) allows a Magistrate to order an investigation, which includes further investigation under Section 173(8). Section 190 empowers the Magistrate to take cognizance of an offense upon receiving a police report. Section 202 allows the Magistrate to postpone the issue of process and direct an investigation to decide whether there is sufficient ground for proceeding. The Court concluded that these provisions collectively empower the Magistrate to ensure a fair investigation by ordering further investigation if necessary. Issue 5: The impact of Article 21 of the Constitution on the investigation process. The Court highlighted that Article 21 of the Constitution mandates that the procedure in criminal trials must be fair, just, and reasonable. This constitutional guarantee influences the interpretation of the CrPC provisions to ensure that investigations are conducted fairly. The Court stated that a fair trial must be preceded by a fair investigation, and the Magistrate’s power to order further investigation is essential to uphold this constitutional mandate. Conclusion: The Supreme Court set aside the High Court judgment that post-cognizance, the Magistrate is denuded of power to order further investigation. The Court upheld the Magistrate’s power to order further investigation until the trial commences, emphasizing that this power is crucial to ensure a fair and just investigation. The Court directed the police to register an FIR based on the Commissioner of Revenue’s communication and conduct an investigation by a senior police officer. The trial in the original FIR was stayed until the police report in the new FIR is submitted, and the Magistrate will decide whether a joint trial or separate trials should be conducted.
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