Chambers of Ishaan Garg
Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054
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Thus, even where chargesheet or Challan has been filed by the police Under Sub-section (2) of Section 173 of the CrPC, the police can undertake further investigation in respect of an offence Under Sub-section (8) of Section 173 of the CrPC. [Para 47]
4. Thus, in view of the law laid down by this Court in the various decisions, it is well settled that Sub-section (8) of Section 173 of the CrPC permits further investigation, and even dehors any direction from the court, it is open to the police to conduct proper investigation, even after the court takes cognizance of any offence on the strength of a police report earlier submitted. [Para 64]
5.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. 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. [Para 77]
6. The 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. 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. 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. The argument canvassed on behalf of the Accused persons is that there is no such order of the police officer not below the rank of Superintendent of Police in the chargesheet. This issue was not even raised before the High Court. Even otherwise, this is a question of fact and a matter of record. If it is the case of the Accused that there is no such order on record, the same may be pointed out to the trial court in the course of the trial. It is for the trial court to verify the record, look into it and take an appropriate call on this issue in accordance with law. [88]
Ratio Decidendi:
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.
IN THE SUPREME COURT OF INDIA
Criminal Appeal Nos. 1300-1302 of 2023.
Decided On: 28.04.2023
State through Central Bureau of Investigation Vs. Hemendhra Reddy and Ors.
Hon'ble Judges/Coram:
Surya Kant and J.B. Pardiwala, JJ.
Author: J.B. Pardiwala, J.
Citation: MANU/SC/0486/2023,2023 INSC 460.
1. Leave granted
