Magistrate cannot suo motu direct further investigation after discharging an accused, Supreme Court

Shruti Mahajan April 17 2019
Justice Nageshwar Rao & MR Shah

After the Magistrate has taken cognizance of an offence and discharged an accused, he/ she does not have the jurisdiction to suo motu direct further investigation, the Supreme Court held.

A Bench of Justices L Nageswara Rao and MR Shah further noted that the power to direct further investigation in a case is available to the Magistrate under the Code of Criminal Procedure (CrPC) at the pre-cognizance stage of the case, and not post-cognizance.

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