The Allahabad High Court, in Dr. Kuldeep Kaushik vs. State of UP, has held that a magistrate has the authority to interfere in a case investigation if it is not going on in a proper or fair manner. In the instant case, a magistrate had dismissed a surrender application filed by a doctor, accused of medical negligence, on the ground that any interference in the investigation cannot be done. In the surrender application, it was requested that various papers, along with surrender application, be sent to the Investigating Officer and after taking into consideration the papers, a report may be called for from the Investigating Officer.
Article referred: http://www.livelaw.in/magistrate-can-interfere-investigation-improper-unfair-allahabad-hc/
Article referred: http://www.livelaw.in/magistrate-can-interfere-investigation-improper-unfair-allahabad-hc/
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