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Re-Investigation / Fresh Investigation (De Novo)

Criminal Procedure & Jurisprudence Terms

Definition

The complete wiping out of a prior investigation and starting the probe anew, an extraordinary power that cannot be ordered by a magistrate and can only be directed by superior constitutional courts under Articles 32 or 226.

Example

In Babubhai v. State of Gujarat, the Supreme Court held that a re-investigation can be directed only by constitutional courts in exceptional cases where the initial investigation was proven to be biased, corrupt, or malicious.