‘Magistrate has powers to order fresh probe’

The three-judge bench comprising Justice S Nagamuthu, Justice P N Prakash and Justice N Authinathan which examined the legality of the Magistrate’s order said “The power of the magistrate to permit the police to further investigate the cases as provided under Section 173(8) of the Code is an independent power and the exercise of the said power shall not amount to varying, modifying or cancelling the earlier order of the magistrate on the report of the police.” The matter pertains to a person being sentenced to life for the murder of a temple watchman based on a fresh probe. The earlier Judicial Magistrate had accepted the final report filed by the Police that the crime could not be detected. But, another magistrate who took over, ordered for a reinvestigation and convicted the accused. The counsel for the convict had argued that the Magistrate had no Jurisdiction or power to grant permission for further investigation of the case and thus the consequential police investigation, the final report filed and the Magistrate taking cognizance of the offences in the said final report and the ultimate conviction stands vitiated. As per the case, Subramani was accused of killing a watchman in charge of a temple and robbing it. The trial court had sentenced him to life imprisonment based on another probe held. However, the full bench while upholding the legality vested in a magistrate ordering further probe, however, set aside the conviction.