Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | ss. 36 and 482-Further investigation-Challenged for not c obtaining prior permission of Magistrate-HELD: Law does not mandate taking of prior permission from Magistrate for further investigation-Carrying out further investigation even after filing of charge-sheet is a statutory right of police-Investigation by CID cannot be said to be as taken up by a different agency-CID is a part D of investigating agency of the State-Order of High Court quashing the criminal proceedings set aside-Code of Criminal Procedure 1973-s.482. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Code of Criminal Procedure, 1973:ss. 36 and 482 - Further investigation - Challenged for not obtaining prior permission of Magistrate - HELD: Law does not mandate taking of prior permission from Magistrate for further investigation - Carrying out further investigation even after filing of charge-sheet is a statutory right of police - Investigation by CID cannot be said to be as taken up by a different agency - CID is a part of investigating agency of the State - Order of High Court quashing the criminal proceedings set aside - Code of Criminal Procedure, 1973 - s.482. A first information report was lodged u/ss. 199, 200 and 204 IPC on the ground that the respondent made a false declaration of the stock shown in his godown, which was ensured and which caught fire, and inflated the claim in order to make unlawful gain. A charge-sheet, upon completion of the investigation, was filed in the court of Additional Munsif Magistrate, Tirupati. Subsequently, on allegations having been made regarding the manner in which the local police conducted the investigation, Additional Director General of Police, CID entrusted the case for further investigation to the Inspector of Police, CID. An additional charge sheet was filed against the respondent and two others in the court of Additional Munsif Magistrate, Chittoor. The respondent filed an application before the High Court seeking to quash the criminal proceedings on the grounds that prior permission of the Magistrate was not obtained for further investigation and the same was conducted by an entirely different investigating agency. The High Court allowed the application. Aggrieved, the State filed the instant appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1285 |
Petitioner | State Of A.p. |
Respondent | A.s. Peter |
SCR | [2007] 13 S.C.R. 517 |
Judgement Date | 2007-12-13 |
Case Number | 1119 |
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