NISHANT
Further Investigation can be ordered despite acceptance of police report that no case is made out.
NISHANT MEHROTRA 17 Jan 2018

Further Investigation can be ordered despite acceptance of police report that no case is made out.

Madras High Court :: Further Investigation can be ordered despite acceptance of police report that no case is made out.


Further investigation - Order by Magistrate - After acceptance of police report u/S.173(2) CrPC to the effect that "crime not detected" - No legal bar against such course of action - No requirement for Police to firstly get the earlier report u/S.173(2) set aside and then seek permission u/S.173(8) - Power of Magistrate u/S.173(8) is independent judicial power - Not a power to review, revise, vary or cancel earlier order u/S.173(2) CrPC.


Case:

Chinnathambi@Subramani Vs. State of Tamil Nadu

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