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Superior courts have the jurisdiction under Section 482 of the Code or even Article 226 of the Constitution of India to direct "further investigation", "fresh" or "de novo"
Superior courts have the jurisdiction under Section 482 of the Code or even Article 226 of the Constitution of India to direct "further investigation", "fresh" or "de novo"
" 43. At this stage, we may also state another well-settled canon of the criminal jurisprudence that the superior courts have the jurisdiction under Section 482 of the Code or even Article 226 of the Constitution of India to direct "further investigation", "fresh" or "de novo" and even "reinvestigation". "Fresh", "de novo" and "reinvestigation" are synonymous expressions and their result in law would be the same. The superior courts are even vested with the power of transferring investigation from one agency to another, provided the ends of justice so demand such action. Of course, it is also a settled principle that this power has to be exercised by the superior courts very sparingly and with great circumspection." . Vinay Tyagi vs. Irshad, (2013) 5 SCC 762
Judicial Review
Judicial Review
That there cannot be any judicial review under Article 226 of the Constitution of India in the present context, as a writ court does not sit in appeal for re-appreciation of evidence or documents. Narmada Bachao Andolan vs. The State of Maharashtra and Ors., (2011) 7 SCC 639, AIR 2011 SC 1989
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