⭐️SC: After taking cognizance, Magistrate will have no power to suo moto direct further investigation.
Code of Criminal Procedure, 1973 – Section 173(2)(i) r/w. Section 167(2) and Section 156(3) – Magistrate, if not satisfied, may direct further investigation but before taking cognizance – After taking cognizance Magistrate will have no power to suo motu direct further investigation – It can be directed if the investigating agency seeks such direction – Instantly Magistrate taking cognizance and discharged the accused – No application by investigation agency for further investigation – Magistrate suo motu directing further investigation – Held, impermissible. (Para 7)
Case:
Bikash Ranjan Rout Vs. State through the Secretary (Home), Government of NCT of Delhi.
Citation:
2019 (4) Supreme 577