Supreme Court of India
Reeta Nag v. State of West Bengal & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
5 Supreme Court benches have cited this judgment.
What the Court ordered
The Special Leave Petition is, accordingly, dismissed, but there will be no order as to costs.
Judgment, 23
From the headnote
CODE OF CRIMINAL PROCEDURE, 1973: ss.173(2) and 173(8) r/w s.167(2) - Filing of report by investigating officer and propriety of order for reinvestigation/further investigation passed by Magistrate after taking cognizance and framing of charge - HELD: Once a report is filed u/s 173(2) and either the charge is framed or the accused are discharged, the Magistrate may, on the basis of a protest petition, take cognizance of the offence complained of or on the application made by the investigating authorities permit further investigation u/s 173(8) - The Magistrate cannot u/s 173(8) suo motu direct a further investigation/re-investigation into a case on account of the bar of s.167(2)…
Authorities it was built on
- 1981 Smt. Sooraj Devi v. Pyare Lal and Anr.
- Randhir Singh Rana v. State (Delhi Administration)
- 2004 Adalat Prasad v. Rooplal Jindal.
- Dinesh Dalmia v. CBI
- 1997 Union Public Service Commission v. S. Papaiah and Ors.
Where later benches applied it
- 2019 Bikash Ranjan Rout v. State through the Secretary (home) Government of Nct of Delhi, New Delhi
- 2012 Vinay Tyagi v. Irshad Ali @ Deepak & Ors.
- 2012 Anju Chaudhary v. State of U.P. & Anr.
- 2017 State Represented by Deputy Superintendent of Police v. K. N. Nehru Etc.
- 2019 Haribhai Malaviya and Ors. v. The State of Gujarat and Anr.
Of those, 1 distinguished · 3 referred to · 1 overruled
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