further-investigation

Criminal Procedure Code, 1973—Sections 173(8) and 190—Further investigation—Magistrate has jurisdiction to ignore opinion expressed by investigating officer and independently apply his mind to facts that have emerged from the investigation—Power of Magistrate to direct for
further investigation has to be cautiously used. Criminal Procedure Code, 1973—Sections 397, 401 and 482—Inherent jurisdiction and revisional jurisdiction— Scope and ambit—Inherent as well as revisional jurisdiction should be exercised cautiously—Normally, revisional jurisdiction should be exercised on a question of law—However, when factual appreciation is involved, then it must find a place in class of cases resulting in a perverse finding—Basically, power is required to be exercised so that justice is done and there is no abuse of power by Court—Presently, High Court has adverted to facts not to see perversity of approach or to see that justice is done but analyzed it from an angle as if it is exercising appellate jurisdiction—High court’s conclusion with regard to factual score is unsustainable. CHANDRA BABU VS STATE-2015.

A CRIME NEVER DIES :-

A. Criminal Procedure Code, 1973 (CrPC) – Section 173(8) – Further investigation – Powers of investigating agencies: – Even after the final report is laid before the Magistrate and is accepted, it is permissible for the investigating agency to carry out further investigation in the case. In other words, there is no bar against conducting further investigation under Section 173(8) of the CrPC after the final report submitted under Section 173(2) of the CrPC has been accepted. – Prior to carrying out further investigation under Section 173(8) of the CrPC it is not necessary that the order accepting the final report should be reviewed, recalled or quashed. – Further investigation is merely a continuation of the earlier investigation, hence it cannot be said that the accused are being subjected to investigation twice over. Moreover, investigation cannot be put at par with prosecution and punishment so as to fall within the ambit of Clause (2) of Article 20 of the Constitution. The principle of double jeopardy would, therefore, not be applicable to further investigation. – There is nothing in the CrPC to suggest that the court is obliged to hear the accused while considering an application for further investigation under Section 173 (8) of the CrPC.

B. Criminal Procedure Code, 1973 (CrPC) – Section 173(8) – Further investigation – Prior to carrying out a further  investigation under Section 173(8) of the CrPC, it is not
necessary for the Magistrate to review or recall the order accepting the final report.

C. Criminal Procedure Code, 1973 (CrPC) – Section 173(8) – Further investigation – If there is necessity for further investigation, the same can certainly be done as prescribed by law – Mere fact that there may be further delay in concluding the trial should not stand in the way of further investigation if that would help the court in arriving at the truth and do real and substantial as well as effective justice.

D. Prevention of Corruption Act, 1988 – Sections 13(1)(e) and 17 – Persons authorised to investigate – Second proviso to Section 17 of the 1988 Act directs that the offence referred to under clause (e) of sub section (1) of Section 13 of the 1988 Act shall not be investigated without the order of a police officer not below the rank of a Superintendent of Police – Thus, from the Second proviso, it is clear that an investigation into the offence referred to in clause (e) of sub section (1) of Section 13 of the 1988 Act even by any police officer enumerated in clauses (a) to (c) or any Police Officer authorized in that behalf by the State Government as per the first proviso, can be undertaken only by an order of the police officer
not below the rank of Superintendent of Police. Thus, the Second proviso is in the nature of additional safe guard for the public servant who are accused of the offence punishable under Section 13(1)(e) of the 1988 Act against an investigation by a police officer without the knowledge and consent of superior police officer not below the rank of Superintendent of Police – A superior police officer of the rank of Superintendent of Police or any officer higher in rank is required to pass an order before an investigation, if any, for such offence is commenced – It is needless to point-out that, before directing such investigation, the Superintendent of Police or an officer superior to him is required to apply his mind to the information and come to an opinion that the investigation on such allegations is necessary.  SBI Vs HEMENDHRA REDDY-2023

• Further Investigation permissible even after acceptance of final report
• Court, not Agency, directs further investigation
• Further investigation can be ordered by by Magistrate post-cognizance but before the trail. 
• Further investigation cannot be extended for re-investigation or fresh investigation.
• SP/DCP can’t order further investigation without permission from magistrate or HC.
• The High Court can order further investigation/ reinvestigation under Section 482 CrPC.
• Power of directing further investigation rests with magistrate & not with police: affirms SC.
• Magistrate has power to order further Inv. U/s 156 (3) CrPC in post-cognizance stage: SC.
• Magistrate Or Special Court Has No Power U/S 156(3) CrPC To Order Further Investigation By Different Investigating Agency.