Breaking SUPREME COURT REAFFIRMS PUBLIC DOMAIN PROTECTION FOR DIGITAL LAWS
New Delhi · Monday, 21 September 2026 9888666310 | [email protected]
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Supreme Court of India 2017-02-02 dismissed

Amrutbhai Shambhubhai Patel vs Sumanbhai Kantibhai Patel & Ors

Bench: 2 — Amitava Roy

In Brief

This case addresses the power of a Magistrate to direct further investigation under Section 173(8) of the Code of Criminal Procedure after cognizance has been taken and the accused has appeared. The appellant, who lodged an FIR alleging forgery of documents related to agricultural land, sought directions for further forensic examination midway through trial. The Supreme Court held that while the investigating agency can conduct further investigation at any stage, once cognizance is taken and the accused appears, the Magistrate lacks power to order further investigation—either suo motu or on the complainant's prayer. Such power is reserved for the investigating agency alone, subject to informing the Court. The appeal was dismissed, affirming the High Court's decision.

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Criminal Procedure Police Investigation Further Investigation Magistrate Powers Section 173(8) CrPC

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