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Supreme Court of India 2019-10-16 disposed

Vinubhai Haribhai Malaviya and Ors vs State of Gujarat and Anr

Bench: 3 — <UNKNOWN>, <UNKNOWN>, <UNKNOWN>

In Brief

The Supreme Court examined whether a Magistrate can order further investigation after taking cognizance in a criminal case involving alleged conspiracy, land-grabbing, and fraud. The Court held that trial begins only when charges are framed, not when cognizance is taken. This protects the constitutional right (Article 21) of an accused to know the charges against them. While Magistrates retain power to order further investigation post-cognizance, such investigation must relate directly to the original FIR. The Court upheld the High Court's decision setting aside further investigation orders where the facts bore no direct bearing on the ongoing investigation.

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Criminal Procedure Investigative Powers Magisterial Authority Right to Know Charges Constitutional Law

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