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Police does not need Magistrate's nod for further investigation under Sec 173(8) CrPC

Police does not need Magistrate's nod for further investigation under Sec 173(8) CrPC

Subodh Kumar Jain Vs State of UP

Allahabad HC



About/from the judgment:

The High Court has held that Police can suo motu make further investigations in cognizable cases and Magistrate's nod for same is not mandatorily required.

The Court observed that Police's power to further look into a matter continue even after the charge-sheet has been filed under Section 173 (2) CrPC and cognizance for the same has been taken thereon.

The present writ-petition has been filed for quashing of FIR filed under Section 392 and 411 IPC.

Four people have been charged for the same crime prior to the petitioner. After the charge-sheet was filed and cognizance been taken by the Magistrate, the SHO submitted a report stating that the present petitioner was wanted in the said crime.

The arguement of the Counsel as that investigation comes to an end once cognizance been taken by the Magistrate. He averred that Police is restricted to carry futher investigation without prior permission of the Magistrate and since no such action was taken on part of the Police herein, the further investigation amounts to only harassment beyond authority of law.

Learned AGA, on the other hand opposed the arguement and stated that no such permission is required as Police have unfettered powers of investigation. In case further material comes to light, it is always open to the Investigating Agency to file a supplemantary report or charge-sheet as may be required and the petitioner cannot complaint about such action, he added.

The Court after analysing the concerned provision, observed that nothing precludes further investigation in respect of an offence after a report under Section 173 (2) CrPC has been forwarded to the Magistrate. It cited State of A.P. Vs. A.S. Peter [2007] Insc 1286 (13 December 2007) to state that the provision provides that in case such further investigation is made and some evidence oral or documentary is obtained, a further supplementary report shall be made to the Magistrate concerned in the manner prescribed and that the provision of Section 2 to 6 shall apply

The submissions of the petitioner were thus rejected in light of these clarifications.

Read the Judgment


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