Supreme Court · 2019 INSC 1146 · Decided 16 October 2019
Haribhai Malaviya and ORS. v. The State of Gujarat and ANR.
- Court
- Supreme Court of India
- Citation
- 2019 INSC 1146 · [2019] 15 S.C.R. 936
- Case number
- CRIMINAL APPEAL No. 478/2017
- Decided
- 16 October 2019
- Bench
- R.F. NARIMAN, SURYA KANT, V. RAMASUBRAMANIAN (3-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- IPC Section 420, 465, 467, 468, 471, 384, 571; CrPC Section 156(1)(3), 173(8), 156(3), 156(1); Constitution Article 21
Headnote
Code of Criminal Procedure, 1973 - ss. 156(1)(3) and 173(8) - The High Court held that the Magistrate does not possess any power to order a further investigation after a charge-sheet is filed and cognizance is taken Held: Not proper - The Magistrate's power u/s. 156(3) of the CrP.C. is very wide, for it is this judicial authority that must be satisfied that a proper investigation by the Police takes place - To ensure that a "proper investigation" takes place in the sense of a
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