[30/07, 19:54] sekarreporter1: https://x.com/sekarreporter1/status/1818291413999599926?t=IxYRw-kEVcAa4O9NGT7ZUw&s=08
[30/07, 19:54] sekarreporter1: The Investigating Officer cannot wipe off the earlier investigation and alter the check period at the time of filing report under 173(8) CrPC.
Hon’ble Justice V.K Singh vide order dated 29.07.2024
has discharged the petitioners for offences U/s. 13(1)(e), 13(2) of PC Act r/w. 109 IPC.
The Hon’ble Justice V.K.Singh observed that:
- Further investigation is that it does not have the effect of wiping out directly or impliedly the initial investigation conducted by the investigation agency.
- Further, it is necessary for the magistrate, to have due regard to both the reports, the initial report which was submitted under section 173(2) as well as supplementary report which was submitted after further investigation in terms of section 173(8). It is thereafter that the Magistrate would have to take a considered view in accordance with law as to whether there is a ground for presuming that the person named as accused has committed an offence.
- The trial court had erred in considering the reports i.e primary report, as well as supplementary report jointly, had come to the conclusion that the petitioners have committed the aforesaid offences and framed the charges against them which is per-se illegal in the eyes of law.
Thereby the petitioners are discharged from all the offences framed against them.
Counsel for Petitioner: K. Suresh Babu
