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Kailash & Anr. vs. State of Rajasthan & Ors.


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Code of Criminal Procedure, 1973–Sec. 173(8)–Direction for further investigation–Scope for issuing–If supplementary charge-sheet is submitted and another offender is included in the array of accused persons, then looking into this subsequent development, the Magistrate can not be precluded from exercising the powers u/s. 173(8) Cr.P.C. to direct further investigation–In such situation, it would be imperative for the Magistrate to accept the prayer for further investigation in the matter–If such power is curtailed by this Court, it would amount to arming the police with unbridled powers to exonerate or implicate any person from the periphery of the investigation.