No Explanation For Reinvestigation After 3 Years Without Court Permission: Supreme Court Quashes 1998 Booth Capturing Case
Live LawThe Supreme Court on Wednesday quashed the case against a man accused of booth capturing in Alwar during 1998 Rajasthan Assembly elections. A bench of Justice Abhay Oka and Justice Manmohan noted that the case was reinvestigated without permission from the magistrate three years after a closure report was filed despite. Justice Oka remarked, “Stale or not depends on the current political scenario!” He questioned the legality of the reinvestigation, noting that the Additional SP carried out the investigation without obtaining permission from the magistrate, as required under Section 173 of the CrPC. The Court observed that the Additional SP undertook reinvestigation without obtaining an order from the magistrate under Section 173 of the CrPC. However, the Court noted that neither of these judgments addressed the question of whether police could carry out further investigation without judicial approval after a closure report had been accepted.
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