Power to order inquiry
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Summary
When the High Court or the Sessions Judge reviews a record, they can order the Chief Judicial Magistrate or any subordinate magistrate to carry out further inquiry into a complaint that was dismissed or into the case of a person who was discharged. The magistrate must make that further inquiry. Before ordering inquiry into a discharged person, the court must first give that person an opportunity to show cause against the direction.
Example
Rohan complained that a neighbour stole his goods, but the magistrate dismissed the complaint. On review the Sessions Judge directs the Chief Judicial Magistrate to order a further inquiry, so the magistrate must reopen and examine the matter. If Rohan had been discharged earlier, the court would first give him a chance to show cause before directing inquiry.
Bare Act
Enacted textOn examining any record under section 438 or otherwise, the High Court or the Sessions Judge may direct the Chief Judicial Magistrate by himself or by any of the Magistrates subordinate to him to make, and the Chief Judicial Magistrate may himself make or direct any subordinate Magistrate to make, further inquiry into any complaint which has been dismissed under section 226 or sub-section (4) of section 227, or into the case of any person accused of an offence who has been discharged:
Provided that no Court shall make any direction under this section for inquiry into the case of any person who has been discharged unless such person has had an opportunity of showing cause why such direction should not be made.
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