Supreme Court · 2023 INSC 465 · Decided 28 April 2023
Bohatie Devi (Dead) Through LR v. The State of Uttar Pradesh & Ors
- Court
- Supreme Court of India
- Citation
- 2023 INSC 465 · [2023] 5 S.C.R. 644
- Case number
- CRIMINAL APPEAL No. 1294/2023
- Decided
- 28 April 2023
- Bench
- M.R. SHAH, C.T. RAVIKUMAR (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 302, 120B; CrPC Section 158, 173(3), 173, 173(8), 482
Headnote
Code of Criminal Procedure, 1973 - ss.158, 173(3) - Reinvestigation by another agency - Order passed by Secretary (Home), State of U.P., Lucknow for reinvestigation by CBCID - Legality of - Held: s.173(3) r/w s.158 does not permit the Secretary further investigation/reinvestigation by another agency, other than the officer in charge of the concerned Police Station and/or his superior officer - For reinvestigation, the prior permission/approval of the Magistrate is required - In the present case, the Secretary (Home) passed
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