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.
The trial court is not expected to merely act as post office and frame the charge just because challan for the commission of a particular offence has been filed against the accused. The trial court can sift the evidence brought on record by the prosecution so as to find out whether the un-rebutted evidence placed on record fulfils the ingredients of offence or not. If the ingredients of any offence are lacking, then the Court has no option but to discharge.