Judicial Magistrate ineligible to order reopening of theinvestigation or transfer of the case to anotherinvestigating agency

In a recent decision (Kamlesh Devi & Ors. V/s State of J&K & Ors.), the High Court of Jammu & Kashmir
and Ladakh held that a judicial magistrate lacks the authority to order a re-investigation in a case or to
transfer the matter from one investigating agency to another.
According to the High Court, only the superior/Constitutional courts have the authority to order a re-
investigation or transfer one agency’s investigation of a matter to another.
The High Court also said that SRO 202, issued by the J&K government’s Home Department, set forth the
categories of instances that the J&K crime branch was to examine for the purposes of registration and
investigation.

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