Magistrate Can't Take Cognizance Of Supplementary Chargesheet If It Lacks Fresh Evidence After Further Investigation: Supreme Court thumbnail
Magistrate Can't Take Cognizance Of Supplementary Chargesheet If It Lacks Fresh Evidence After Further Investigation: Supreme Court
www.livelaw.in
Court stated that the investigating officer can submit the supplementary charge-sheet only when further evidence, whether oral or documentary, is obtained by the I.O it would be impermissible under the law for a Judicial Magistrate to take cognizance of a supplementary charge-sheet submitted after f
1 Users
0 Comments
4 Highlights
0 Notes

Top Highlights

  • Court stated that the investigating officer can submit the supplementary charge-sheet only when further evidence, whether oral or documentary, is obtained by the I.O
  • it would be impermissible under the law for a Judicial Magistrate to take cognizance of a supplementary charge-sheet submitted after further investigation if it doesn't contain any fresh oral or documentary evidence, would be impermissible under the law.
  • The provision for submitting a supplementary report infers that fresh oral or documentary evidence should be obtained rather than reevaluating or reassessing the material already collected and considered by the investigating agency while submitting the initial police report, known as the chargesheet under Section 173(2)
  • In the absence of any new evidence found to substantiate the conclusions drawn by the investigating officer in the supplementary report, a Judicial Magistrate is not compelled to take cognizance, as such a report lacks investigative rigour and fails to satisfy the requisites of Section 173(8) Cr.P.C

Ready to highlight and find good content?

Glasp is a social web highlighter that people can highlight and organize quotes and thoughts from the web, and access other like-minded people’s learning.