In the case of Vinubhai Haribhai Malviya & Ors v. State of Gujarat & Another, (decided on 16.10.2019) the Supreme Court addressed whether a magistrate has the power to order further investigation after the filing of the charge sheet and, if so, at what stage of the criminal proceedings.
The Court ruled that magistrates have the authority to order further investigation at any stage before the trial begins, expanding the scope of Section 156(3) and Section 173(8) of the CrPC. This decision emphasized the importance of a fair trial and the magistrate’s role in ensuring justice is served.
