Cases

Can a Magistrate order further investigation after framing of charge? Bombay High Court clarifies Section 173(8) CrPC law in detail. Read full case summary and legal principles.

Core Issue - Whether a Magistrate can order further investigation under Section 173(8) CrPC at the instance of the complainant after framing of charge. 

Legal Principles:

Further investigation under Section 173(8) is legally permissible even after framing of charge - But it is not automatic and depends on facts

Complainant can seek further investigation - But must show real defects in investigation

The Supreme Court held:

• Service of notice under Section 35 BNSS must be strictly effected through physical modes.
• Electronic service (WhatsApp/email) is not valid service.
• Notice is the rule and arrest is an exception, particularly in offences punishable up to 7 years.
• Courts cannot introduce procedures (like e-service) where the statute does not provide for the same.