Magistrate can Order Further Investigation after Submission of Charge Sheet- Calcutta High Court
September 11, 2018 Case name: Sri Indranil Mukherjee v. The State of West Bengal & anr. The seminal issue that fell for consideration before the High Court of Calcutta was whether after taking cognizance on charge sheet, Judicial Magistrate can order further investigation under Section 173(8) of the Criminal Procedure Code? In the case, the Petitioner on being aggrieved with the charge-sheet, filed an application for further investigation under Section 173(8) of the Code, however the Magistrate rejected the same and subsequently petitioner has sought for setting aside the order impugned, on the grounds that despite specific allegation against the respondent no. 2 in the FIR, neither the same was considered by the I.O. during investigation nor the Magistrate considered it while taking cognizance on the charge sheet. The High Court of Calcutta in view of the facts and circumstances of the case held that in the larger interest of the justice and for fair trial, it is i