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august 2009

Supreme Court of India · 2009-08-13

Reeta Nag vs State Of West Bengal & Ors

Citation / case number
AIR 2010 SC (SUPP) 401
Court
Supreme Court of India
Petitioner
Reeta Nag
Respondent
State Of West Bengal & Ors
Author
Altamas Kabir
Bench
Altamas Kabir, Cyriac Joseph

Judgment text excerpt

The Supreme Court addressed the jurisdiction of a Magistrate under Section 362 Cr.P.C. and the provisions of Section 173(8) Cr.P.C. The Court held that a Magistrate can order further investigation even after charges have been framed, as clarified in Union Public Service Commission vs. S. Papaiah & Ors. [(1997) 7 SCC 614]. The Court upheld the High Court's decision to allow the revisional application, emphasizing that the term 'reinvestigation' should be interpreted to include further investigation as per Section 173(8) Cr.P.C., thus directing the trial court to proceed in accordance with law.

Reeta Nag vs State Of West Bengal & Ors · Niyam