Case Name : Vinubhai Haribhai Malaviya vs State of Gujarat Case Reference: (2019) 15 SCR 936 Case Number: Crl A Nos 478-479/2017 Court: Supreme Court Bench: 03 Coram: RF Nariman, Surya Kant, V Ramasubramanian Date: 16.10.2019
Magistrate has the power to order further investigation even after chargesheet is filed and cognizance is taken
Constitution - Article 21 mandates that all powers necessary to ensure proper investigation are available to the Magistrate. (Para 19) This power continues until trial commences
Investigation under [CrPC - Section 156], as per [CrPC - Section 2] includes all proceedings for collection of evidence conducted by a police officer and includes proceedings by way of further investigation under [CrPC - Section 173] (Para 23)
When the police files a closure report, the Magistrate has three options (Para 28): 1. Accept the report and drop the proceedings; 2. Disagree with the report and take cognizance of the offence and issue process; 3. Direct further investigation
On balancing necessity of further investigation and with delaying criminal trial; interests of justice is paramount and the latter will give way to the former (Para 29)
Refer also: Bhagwat Singh vs Commissioner of Police, 3 Judge Bench - (1985) 2 SCC 357 Hasanbhai Valibhai Qureshi vs State of Gujarat, (2004) 5 SCC 347
See also: [CrPC - Section 173]
Vinubhai Haribhai Malaviya vs State of Gujarat, (2019) 15 SCR 936.pdf