Magistrate Cannot Order Further Investigation on Protest Petition Without Explaining Deficiencies in Police Investigation: Jammu & Kashmir and Ladakh High Court
The Jammu & Kashmir and Ladakh High Court has held that a Magistrate cannot mechanically reject a police Final Closure Report and direct further investigation merely on the basis of allegations made in a protest petition. The Court ruled that before ordering further investigation, the Magistrate must record clear and cogent reasons explaining why the investigation was defective or why the material collected by the Investigating Officer cannot be relied…
