Chinnathambi @ Subramani vs State of Tamil Nadu

Supreme Court

2017 ALL MR (Cri) JOURNAL 212

About/from the judgment:

Magistrate can order further investigation U/s. 173 (8) Cr.P.C., even after accepting the police report that there is no case made out!


Criminal P. C. (1973), S.173 (8) - 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.

Read the Judgment

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