Supreme Court: Additional investigations not required at ‘post cognizance’ stage

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In the recent ruling held by the Supreme Court, neither the magistrate nor the complainant will have the power to order further investigation post-cognizance, especially when the process has been issued and consequently the accused has appeared before the magistrate. It further clarified that such an authority is only with the concerned investigative agency/officer, if it finds necessary and only after it has taken the approval from the apt jurisdictional court. It is only the authorized agency/officer, who can conduct further investigation without prohibiting the related proceedings.

The court will also consider the need for further investigation in order to find out any substantial evidence and its circumstances before granting any approval. In consideration to Section 202 of Code of Criminal Procedure, the bench clarified that here the Magistrate has the power to direct further investigation at post-cognizance stage and if it is dealing with any complaint, provided it is necessary as a means to obtain satisfactory results to any inquiry. 

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