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Supreme Court of India 2016-02-10 allowed

Hamant Yashwant Dhage vs State of Maharashtra & Ors

Bench: 2 — Shiva Kirti Singh

In Brief

A complainant seeking change of investigating officer or ensuring proper investigation cannot approach the High Court through writ petitions. Instead, the complainant must petition the concerned Magistrate under Section 156(3) of the Criminal Procedure Code. The Magistrate, if prima facie satisfied, must ensure registration of an FIR and proper investigation, and may monitor the investigation and recommend a change of investigating officer. The police must complete investigation fairly within preferably six months, and the Magistrate will then dispose of the matter strictly according to law, uninfluenced by other court orders.

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Criminal Procedure Magisterial Powers Investigation FIR Registration Change of Investigating Officer

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