In a criminal revision petition challenging an order framing charges, the High Court held that it cannot re-investigate or add accused persons at the trial stage under Section 482 Cr.P.C. when primary allegations were against the husband alone.
Petition dismissed for lack of merits as the Court cannot initiate investigation at this stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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HIGH COURT OF CHHATTISGARH, BILASPUR
CRMP No. 100 of 2019
---- Petitioner
Versus
---- Respondents
For Petitioner : Shri Jitendra Gupta, Advocate For Respondent/State : Shri Chandresh Shrivastava, Dy. AG for the State
Hon'ble Shri Justice Goutam Bhaduri
Order On Board
14/01/2019
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direction given by the Superintendent of Police, however, instead of reinvestigation and instead of inculpating the other accused inculpated the husband. He further submits that though the evidence was against the other co-accused, however, the same was not taken care of while the charge-sheet was filed and only the husband has been inculpated.
Sd/-
Goutam Bhaduri Judge
Ashu
2 issues framed by the court
Whether the High Court can re-investigate the matter and add accused under Section 482 Cr.P.C. during a trial once charges have been framed.
Whether the revisional court can step into the shoes of the investigation agency.
2 provisions across 1 enactments
Smt. Vandana Neti Pandey
Nitesh Pandey
State of Chhattisgarh
Goutam Bhaduri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
