Read more about the article FIR registered for reinvestigation of a case not sustainable in law: J&K High Court
Source: JK Legal Forum

FIR registered for reinvestigation of a case not sustainable in law: J&K High Court

The Single Bench of Justice Vinod Chatterji Koul in a petition filed under Section 482 CrPC has observed that even the higher Court of the Country cannot issue a direction for reinvestigation of a case. In such circumstances, impugned FIR registered for reinvestigation cannot be sustained in law as such a course is neither provided nor permissible under the Code.

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Law does not permit to conduct a mini trial at the stage of framing of charge/discharge: J&K High Court

It is settled law that while considering issue of framing of charge/discharge, the court has to examine the material placed on record by the investigating officer and if on the basis of the material based on record, the court is of the opinion that the necessary ingredients of offence are present, the court can frame the charges against the accused. As rightly observed by the trial court, the court is not required to conduct mini trial for the purpose of forming an opinion.

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