Magistrate has refuses to order for further investigation. The investigating officer has filed charge sheet in lesser offence because the higher police officer has influenced the investigating officer. When my advocate presented an application for seeking order of further investigation the court has refused by saying that he has no such power. My advocate has suggested to approach the high court. What to do?
Yes, your advocate is rightly suggested to approach the high court under Section 482 of the code of criminal procedure. The Hon’ble Supreme Court has held in Sakiri Basu’s case that if the judicial magistrate thinks fit he has the power to direct further investigation by exercising his supervisory power vested in him by Section 156(3) of the code of criminal procedure.
If you have grounds to prove that charge sheet is manipulated or the investigating officer has deliberately filed it for lesser offence whereas the facts are inferring the commission of more serious iffence then the high court may direct further investigation.
