Published on: 8 August 2023 at 14:20 IST
Court: Supreme Court
Citation: Vinay Tyagi v. Irshad Ali (2013)
Honourable Supreme Court of India has held that Higher Court can order reinvestigation in exceptional cases. It is held that Hon’ble Court can consider ordering reinvestigation in an instance when investigation agencies file Closure Report. It is held that Hon’ble Magistrate can direct further investigation by setting aside closure report and summon the accused.
45. The power to order/direct “reinvestigation” or “de novo” investigation falls in the domain of higher courts, that too in exceptional cases. If one examines the provisions of the Code, there is no specific provision for cancellation of the reports, except that the investigating agency can file a closure report (where according to the investigating agency, no offence is made out).
Even such a report is subject to acceptance by the learned Magistrate who, in his wisdom, may or may not accept such a report. For valid reasons, the court may, by declining to accept such a report, direct “further investigation”, or even on the basis of the record of the case and the documents annexed thereto, summon the accused.
Drafted By Abhijit Mishra