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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Trial Court is not expected to merely act as a post office and frame the charge just because challan has been filed against the accused: J&K High Court.

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.

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