Supreme Court Clears Path for Continued Investigation in Criminal Case.
05 December 2024
Criminal Appeals & Suspension of Sentence >> Criminal Law | Investigation >> Criminal Law
In the matter of P.N.D. Prasad vs Billa Satish & Ors. the appellant challenged the observations made by the Telangana High Court in its order dated 09.06.2022, which resulted in the quashing of a docket order passed by the XIX Metropolitan Magistrate, Cyberabad. The magistrate had directed the investigating agency to "reconsider the case and ascertain the true facts" after the appellant filed a protest petition, presenting evidence of forged documents and expert opinions.
The High Court found the magistrate's direction for reinvestigation to be without jurisdiction and set aside the order, agreeing with the private respondents' contention that no such power existed for the trial court to order reinvestigation. However, the appellant argued that the magistrate only intended to continue the investigation, not initiate a reinvestigation.
The Supreme Court, after hearing both sides, concluded that while the magistrate’s wording may not have been ideal, the intent was likely to continue the investigation. The High Court’s interpretation was found to be incorrect, and the appeal was allowed. The Court directed the magistrate to proceed with the protest petition in accordance with the law, referencing previous case law to support its decision. The observations made by the High Court in paragraphs 14 and 15 were thus set aside.