Today: 13 Sep, 19 Rabi ul Awal 1447, 29 Bhadon

The first legal question that falls for determination before this Court is whether, upon the submission of a cancellation report by the investigating officer and its acceptance by the Magistrate, the chapter stands finally closed, or whether the law countenances the initiation of further investigation in the same matter. The legal proposition is now deeply entrenched that once a cancellation report has been prepared and approved by
the concerned Magistrate, further investigation cannot be carried out by the investigating agency, as practically no criminal case exists. If no criminal case remains legally in the field, then any purported transfer of investigation is nothing more than a legal mirage. Once a cancellation report has been prepared and duly endorsed by the Magistrate, the case effectively reaches its logical conclusion, leaving no room for further investigation. It is now a firmly entrenched legal proposition that once a cancellation report has been prepared by the investigating agency and duly endorsed by the competent Magistrate, the matter stands extinguished in the eyes of the law. With the legal substratum of the criminal case no longer in existence, the prospect of further investigation becomes unwarranted. The acceptance of the cancellation report marks
the terminus of the investigative process, bringing the case to its logical conclusion and leaving no lawful room for the investigating agency to further investigate the case.

When the investigation of a criminal case is transferred, it shall be conducted exclusively by the entrusted officer and shall not revert to the previous investigating officer under any circumstances.

2025 LHC 5342

Categories: Criminal