Legal Question in Criminal Law in India

complainant

a complaint case under cr.p.c.195(1)(b) was filed before addl. judicial magistrate by the OSD(L), High Court against several accursed in which investigation was carried out by the CBI. After filing the complaint, the OSD(L), High Court authorized CBI to pleade the case as prosecution before the addl. judicial magistrate. Please clarify, when a case was filed by the High Court before a addl. judicial magistrate, the High Court can authorize CBI as prosecution.

Asked on 4/18/06, 1:09 am

4 Answers from Attorneys

Saravjeet singh Punia Brothers
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Re: complainant

in its judicial capacity high court can pass any order u/s 482 to secure the ends of justice. where the cbi has conducted investigation it is supposed to be in the knowledge of the minutest details of the case so the ends of justic warrants the prosecution to be conducted by CBI.

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4/19/06, 12:34 am
Saravjeet singh Punia Brothers
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Re: complainant

although i have already submitted my reply but i would like to supplement it. the very fact that the investigation has been made by CBI entitles them to conduct prosecution as well if no CBI, then who will conduct prosecution in that case, public prosecutor cannot conduct the same as he happens to be the legal representative of state government and its agencies, he can not conduct the prosecution in case investigated by CBI because CBI is autonomous agency and the same has to be represented by its own legal representative, who also command the status of public prosecutor.

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4/19/06, 3:46 am
Shrichand Nahar S.V.Nahar, Advocate
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Re: complainant

The facts given in the query are quite vague. A police officer can conduct prosecution of a case before the Magistrate, if permitted by the Magistrate. However, police officer who has participated in investigation are expressly barred from conducting the prosecution. You may refer to provisions of section 302 Cr.P.C. in this behalf.

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4/19/06, 7:25 am
Kuldeep Mansukhani Kuldeep Mansukhani &Associates;
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Re: complainant

where an appellate court cannot send back a case for retrial to a court below presumably under section 386b of cr.p.c because the prosecution evidence was wanting in some respect it may itself take evidence or direct it to be taken by the court below under section 391 cr.p.c

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4/18/06, 10:34 am

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