Syed Jhanzaib Bukhari facebook/groups/205442576168625/ 2013 Pcr.L.J. 920 No legal bar existed for reinvestigation of a criminal case even after submission of final report U/s 173 Cr.P.C. , however it was obligatory for the court to consider each case in its own peculiar perspective and reinvestigation might not be allowed in every case. 2006 SCMR 373 Reinvestigation and submission of subsequent challan in the court…extent and scope….no legal bar exists for reinvestigation of a criminal case even after submission of final report U/s 173 Cr.P.C. plice can carry out the fresh investigation and submit its report to the court, but this would not mean that in a case in which earlier after completion of investigation challan was submitted for trial of an offence, on which the accused had been tried and the case was finally decided upto the level of high court or the supreme court, subsequent challan would be entertained which is submitted as the result of reinvestigation or further investigation of the case by the police on the happening of a subsequent incident and that the court would proceed with the trial of the case in the normal course oblivious of the facts of the case decided earlier by such court. 1972 SCMR 335 Magistrate could irrespective of opinion of I.O. take cognizance, if upon materials before him he finds prima facie case made out against accused. Nothing in Cr.P.C. debars Police investigation Officer from submitting fresh report in supersession of his earlier one either on his own initiative or on direction of superior officer.
Posted on: Mon, 15 Jul 2013 10:14:01 +0000
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