The bench of Justices Krishna Murari and Sanjay Karol of Delhi High Court held that only a Magistrate or High court has the power to order further investigation into a case and not an investigating agency.

In the said matter, the Court, reiterated that the doctrine of contemporanea exposito, supports this interpretation of the law. 

The court distinguished between further investigation which is a continuation of a previous investigation based on the discovery of fresh material, and fresh investigation, which can only take place when ordered by a court. 

The court noted that the magistrate had not given permission for further investigation and that the second final report was without basis. 

Furthermore, no material was placed on the record to show that the appellant’s representation was false or any proof of a financial transaction. 

Consequently, the court set aside the High Court’s order and further quashed the criminal proceedings against the appellant. 

Case Deatils:-

CRIMINAL APPEAL NO. 1381 OF 2023
PEETHAMBARAN …APPELLANT
VERSUS
STATE OF KERALA & ANR.  …RESPONDENTS

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