Can magistrate order further investigation by police?

[Anonymous]

The police officer has filed a closure report in the magistrate court after conducting investigation. On a protest being filed by the complainant, the magistrate has directed the police to conduct further investigation in the case. My question is whether it is possible for the magistrate to direct further investigation the case in this manner?

[Dr. Ashok Dhamija]

When a closure report is submitted by the police under section 173 of the Criminal Procedure Code, the magistrate is not bound to accept the report as submitted by the police. The magistrate has three options: (1) to accept the closure report submitted by the police as it is; (2) to reject the closure report submitted by the police and to directly take the cognizance of the offence; or (3) to direct the police for further investigation.

Therefore, there is nothing wrong if the magistrate directs the police to conduct further investigation after submission of a closure report by the police under section 173 of the criminal procedure for.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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