Further Investigation -- Third Round Without Magistrate's Permission -- Chargesheet vitiated and amounts to abuse of process under Section 173(8) CrPC
Criminal Procedure Code, 1973, S.173(8) -- Further Investigation -- Magistrate's Prior Leave -- Prior leave of the concerned Magistrate is a mandatory requirement before police conduct further investigation under S.173(8) CrPC, even though the provision does not explicitly state so -- This requirement is a necessary judicial implication read into the provision -- A chargesheet filed pursuant to further investigation conducted without such leave is vitiated and amounts to abuse of process -- Where the underlying dispute is purely civil in nature and criminal proceedings are used as a tool of pressure, quashing under S.482 CrPC is warranted.
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