Arnab Goswami's Habeas Plea Against His Arrest In 2018 Abetment To Suicide Case -LIVE UPDATES From Bombay High Court

Desai now responding to Harish Salve's submissions on malice based on Home Minister's statement in Assembly.

Assembly discussions were in September. But by this time process was already underway. In May reinvestigation process started. In June statements were taken by police.

Allowing the recording of Section 164 statements mean that the Magistrate is aware of the revival of investigation and has approved the same : Desai for State.

Desai submits that Section 164 statements were also recorded by the Magistrate in the case and says he can place them on record if Court wants to peruse.

The Magistrate was informed of the revival of the FIR so that the Magistrate can supervise as per 'Sakiri Vasu' judgment : Desai for State.

"The superintendence of the Police Force throughout [the State of Maharashtra vests in and exercisable by the State Government" - Desai sumbmits referring to Section 4 of Maharashtra Police Act.

So State govt has power to direct investigation.

"It is another thing to say that the investigating officer will have no jurisdiction whatsoever to make any further investigation without the express permission of the Magistrate" - Desai quotes from the above judgment 'Nirmal Singh Kahlon'.

The judgments cited by the petitioners dealt with power of court to order further investigation. That is different from State's power to order further investigation : Desai for State.

Desai refers to "Nirmal Singh Kahlon" judgment for the previous argument

The power of the investigating officer to make further investigation under Section 173(8) and the power of the Court to order the same is different : Desai for State

"A Summary" reflects incomplete investigation. In "B" and "C" summary, investigation is complete and either there is no offence or wrong accused. The distinction is important : Desai for State