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investigation

TABLE OF CONTENTS:-
1. Investigation
2. Kinds of Investigation
3. Further Investigation and reinvestigation
4. Investigational Medicala Device

Investigatio:n:- Investigation includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf, Section 2(h), Criminal Procedure Code, 1973. Investigation inter alia includes:

(1) proceeding to the spot and ascertaining facts and circumstances of case,

(2) tracing out accused, arresting him and ascertaining motive, how preparation was made for and how offence was committed, other connected persons/accused, if any,

(3) collecting evidence by examining witnesses, search of places connected with offence and seizure of articles connected with crime and

(4) evaluation of collected materials so that case can be forwarded for trial, etc., Manubhai Ratilal Patel v. State of Gujarat(2013) 1 SCC 314

The word “investigation” cannot be limited only to police investigation but on the other hand, the said word is with wider connotation and flexible so as to include the investigation carried on by any agency whether he be a police officer or empowered or authorised officer or a person not being a police officer under the direction of a Magistrate to make an investigation vested with the power of investigation, Directorate of Enforcement v. Deepak Mahajan(1994) 3 SCC 440: 1994 SCC (Cri) 785. Investigation can be ordered in varied forms and at different stages. Right at the initial stage of receiving the FIR or a complaint, the court can direct investigation in accordance with the provisions of Section 156(1) in exercise of its powers under Section 156(3) CrPC.

Kinds of Investigation:- Investigation can be of the following kinds:

(i) Initial investigation,

(ii) Further investigation,

(iii) Fresh or de novo or reinvestigation, Vinay Tyagi v. Irshad Ali(2013) 5 SCC 762.

Further investigation and reinvestigation — “Further investigation” and “reinvestigation” stand on a different footing. It may be that in a given situation a superior court in exercise of its constitutional power, namely, under Articles 226 and 32 of the Constitution of India could direct a ‘State’ to get an offence investigated and/or further investigated by a different agency. Direction of a reinvestigation, however, being forbidden in law, no superior court would ordinarily issue such a direction.” (Para 36), Virender Prasad Singh v. Rajesh Bhardwaj(2010) 9 SCC 171: (2010) 3 SCC (Cri) 1169.

Investigational Medical Device:-

In relation to a medical device, other than in vitro diagnostic medical device, means a medical device specified in clause (zb), i.e., (a) substances used for in vitro diagnosis and surgical dressings, surgical bandages, surgical staples, surgical sutures, ligatures, blood and blood component collection bag or without anticoagulant covered under sub-clause (i); (b) substances including mechanical contraceptives (condoms, intrauterine devices, tubal rings), disinfectants and insecticides notified in the Official Gazette under sub-clause (ii); (c) devices notified from time to time under sub-clause (iv), of clause (b) of Section 3 of the Drugs and Cosmetics Act, 1940 and substances used for in vitro diagnosis shall be referred as in vitro diagnostic medical device; (x)which does not have its predicate device as defined in clause (zm), i.e., a device, first time and first of its kind, approved for manufacture for sale or for import by the Central Licensing Authority and has the similar intended use, material of construction, and design characteristics as the device which is proposed for licence in India; or (y) which is licensed under Rule 20(6), Rule 25(1), Rule 36(1) of the Medical Devices Rules, 2017 and claims for new intended use or new population or new material or major design change; and is being assessed for safety or performance or effectiveness in a clinical investigation, [Rule 3(x), Medical Devices Rules, 2017

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