Supreme Court of India · 2009-08-13
REETA NAG vs STATE OF WEST BENGAL & ORS.
- Citation / case number
- SC 2007/63132
- Court
- Supreme Court of India
- Petitioner
- REETA NAG
- Respondent
- STATE OF WEST BENGAL & ORS.
- Author
- ORDER
Judgment text excerpt
The Supreme Court held that the learned Magistrate has the authority to order further investigation under Section 173(8) Cr.P.C., even after charges have been framed, as clarified in Union Public Service Commission vs. S. Papaiah & Ors. [(1997) 7 SCC 614]. The Court emphasized that the terminology of 'reinvestigation' should not preclude the Magistrate from exercising his jurisdiction to gather additional evidence. The order of the Calcutta High Court was upheld, allowing the trial court to proceed in accordance with law, thereby affirming the principle that further investigation is permissible to ensure justice.