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    Section 319 Section 302

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    Vidit Harsulkar
    Muthu was convicted for murder by the Sessions Court and sentenced to life imprisonment. On appeal, the High Court found issues with the investigation and charging of other suspects. While the High Court could direct further investigation of those not originally charged based on the appellate record, it was incorrect to direct the specific section to charge Muthu under or to direct a specific agency to reinvestigate. Investigation is a statutory power of the police, not the courts, though the State has discretion to choose the investigating agency.

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    Section 319 Section 302

    Uploaded by

    Vidit Harsulkar
    24 views1 page
    Muthu was convicted for murder by the Sessions Court and sentenced to life imprisonment. On appeal, the High Court found issues with the investigation and charging of other suspects. While the High Court could direct further investigation of those not originally charged based on the appellate record, it was incorrect to direct the specific section to charge Muthu under or to direct a specific agency to reinvestigate. Investigation is a statutory power of the police, not the courts, though the State has discretion to choose the investigating agency.

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    Nall Aka Nanu

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    Muthu was convicted for murder by the Sessions Court and sentenced to life imprisonment. On appeal, the High Court found issues with the investigation and charging of other suspects. While the High Court could direct further investigation of those not originally charged based on the appellate record, it was incorrect to direct the specific section to charge Muthu under or to direct a specific agency to reinvestigate. Investigation is a statutory power of the police, not the courts, though the State has discretion to choose the investigating agency.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    24 views1 page

    Section 319 Section 302

    Uploaded by

    Vidit Harsulkar
    Muthu was convicted for murder by the Sessions Court and sentenced to life imprisonment. On appeal, the High Court found issues with the investigation and charging of other suspects. While the High Court could direct further investigation of those not originally charged based on the appellate record, it was incorrect to direct the specific section to charge Muthu under or to direct a specific agency to reinvestigate. Investigation is a statutory power of the police, not the courts, though the State has discretion to choose the investigating agency.

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    Nallakananu @ Muthu alone was committed to the Court of Sessions

    Problem: The learned Sessions Judge was neither called upon to exercise nor suo motu
    exercised his jurisdiction in terms of Section 319 of the Code of Criminal Procedure. Nallakannu
    @ Muthu alone in the aforementioned situation was tried and convicted for commission of the
    said offence under Section 302 of the IPC and was sentenced to undergo rigorous imprisonment
    for life.

    Appeal by muthu

    High Court

    According to the High Court, the action on the part of the investigating officers, viz., PW-17 and
    PW-18 leaving out the names of Popular Muthiah and Murugan from the array of accused was
    not a bona fide error.

    The High Court furthermore noticed that the mandatory provisions of Section 173 (2)(i) had not
    been complied with insofar as the first informant was not intimated by the Investigating Officer
    that Murugan and Popular Muthiah were not to be chargesheeted.

    The High Court also felt that the District Judge ought to have conducted himself fairly in the
    matter of exercising his jurisdiction under Section 319 of the Code of Criminal Procedure.

    Issues:

    Whether the High Court while exercising its appellate jurisdiction under Section 374(2) read
    with Section 386 of the Code of Criminal Procedure could direct further investigation of the case
    against the persons whom the High Court felt should have been included in the challan on the
    basis of the materials on record available before the appellate court?

    The High Court, however, was not correct in issuing a direction to the State to take advice of the
    State Public Prosecutor as to under what section the Appellant has to be charged and tried or
    directing the CB, CID to take up the matter and re-investigate and prosecute the Appellant
    herein. Such a power does not come within the purview of Section 482 of the Code of Criminal
    Procedure. Investigation of an offence is a statutory power of the police. The State in its
    discretion may get the investigation done by any agency unless there exists an extraordinary
    situation.

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