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Showing posts with the label Article 20(3) Constitution

Only Superior Courts Can Direct Re-Investigation: Punjab and Haryana High Court

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The Punjab and Haryana High Court has clarified that only superior courts such as the High Court or the Supreme Court have the authority to order a re-investigation in a criminal matter. Magistrates, the court observed, do not have the jurisdiction to issue such directions. Bench’s Observations Justice J.S. Bedi , while hearing a case involving a Sirsa resident, explained that “re-investigation” means a de novo investigation , which virtually nullifies and replaces the original investigation already conducted. This authority rests solely with the higher judiciary. In contrast, the Court distinguished this from “further investigation” , which remains within the domain of the investigating agency . However, the agency must ideally inform the magistrate before conducting further inquiry since a challan (charge-sheet) would already have been filed. The Court explained that further investigation usually arises when: Additional evidence is discovered against the existing accused...