The High Court dismissed the criminal miscellaneous application stating courts lack power to direct further investigation after the charge-sheet is filed under Section 173(8) Cr.P.C., directing the petitioner to face the trial.
Petition dismissed; stay order vacated; petitioner directed to face trial.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1952 of 2011
====================================================== Deepak Kumar Mahto, Son of Hari Narain Mahto, Resident of Village Gopalpur Gopal, P.S. Bochaha, District Muzaffarpur. .... .... Petitioner Versus 1. The State of Bihar. 2. Sri Ashutosh Kumar Verma, Son of late Bhubneshwar Prasad Verma, Resident of Village Maheshpur, P.O. Bhagwanpur, District Begusarai, at present posted as Block Development Officer, Bochaha Block, P.S. Bochaha, District Muzaffarpur. .... .... Opposite Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE DHARNIDHAR JHA ORAL ORDER 9 27-08-2014 In view of the report submitted by the Senior Superintendent of Police, Muzaffarpur appearing at flag ‘B’, the petition is dismissed as the investigation has been closed by submitting the charge-sheet. No court has the power to direct further investigation. Investigation being the exclusive statutory domain of the police and further investigation being very much within its domain under Section 173(8) Cr.P.C., no court could direct anything further to be done. Order granting stay is vacated. Let petitioner face the trial.
(Dharnidhar Jha, J.)
Sanjay/-
U T
3 issues framed by the court
Whether the court can direct further investigation after the police has closed it by submitting the charge-sheet.
Whether a stay order granted earlier needs to be vacated given the closure of investigation.
Whether the petitioner must face the trial when the investigation is closed.
1 provisions across 1 enactments
Deepak Kumar Mahto
The State of Bihar
Sri Ashutosh Kumar Verma
Dharnidhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
