Magistrate cannot issue summons and direct further investigation at the same time. Magistrate has issued summons against three accused and directed the police officer to do further investigation in the said FIR. I have received a summons, in this situation police can do a fresh investigation or frame more accused in the case. The investigating officer submitted a final report that no such offence has been committed. Investigation was fair but the court by its order pressurised the officer to do fresh investigation.
Asked from: West Bengal
The order passed by the learned Magistrate appears to be erroneous and legally unsustainable, as he cannot simultaneously take cognizance of the offence under section 204 crpc and direct further investigation under Section 173(8) of the Code of Criminal Procedure, 1973. Once a final report (charge sheet) is submitted by the Investigating Officer under Section 173 CrPC, the Magistrate has three options:
- Accept the final report and close the case,
- Reject the report and take cognizance of the offence, followed by issuance of process under Section 204 CrPC, or
- Direct further investigation under Section 173(8) CrPC.
However, the Magistrate cannot adopt both options simultaneously—that is, he cannot take cognizance and at the same time direct further investigation. Such a dual course of action is impermissible under law and has been disapproved by higher courts in several decisions. In light of this procedural irregularity, you are advised to file a petition under Section 482 CrPC before the Hon’ble High Court, seeking quashing of the summoning order. Section 482 preserves the inherent powers of the High Court to prevent abuse of the process of court or to secure the ends of justice. Your petition should clearly highlight the contradiction in the Magistrate's order and demonstrate how it violates the procedural framework laid down in the CrPC. According the provisions of crpc the magistrate cannot issue summons and direct further investigation at the same time. Related:
