In case of Vinubhai Haribhai Malviya vs
State of Gujrat , Crl Appeal 478-479 of 2017 decided on 16/10/2019 a three
judges bench of supreme court held that judicial magistrate has power to order
further investigation even after taking cognizance of the offence but before framing of charges.
The Supreme Court also held that even the
accused has a right to file protest petition if he is not satisfied with the
investigation conducted by the police.
With this Judgment Supreme Court overruled the settled position of law that post cognizance Magistrate has no power to order further investigation held in case of Devarapally Lakshminarayana Reddy vs V Narayana Reddy and others (1976) 3 SCC 252.
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