Supreme Court of India · 2002-09-16
State Of Orissa vs Mahima @ Mahimananda Mishra And Ors.
- Citation / case number
- AIRONLINE 2002 SC 445
- Court
- Supreme Court of India
- Petitioner
- State Of Orissa
- Respondent
- Mahima @ Mahimananda Mishra And Ors.
- Bench
- U.C. Banerjee, B.N. Agrawal
Judgment text excerpt
The case addresses the scope of Section 173(8) of the Code of Criminal Procedure regarding the power of the investigating agency to conduct further investigations after a final report is filed. The High Court had quashed a further investigation on the grounds that re-examining the same witnesses after five and a half years was not bona fide and constituted an abuse of process. The Supreme Court was tasked with determining whether the High Court could interfere with such an investigation and the extent to which Section 173(8) permits the reopening of investigations.