a second chargesheet under section 173(8)
Surata Ram
(Querist) 03 October 2009
This query is : Resolved
Can a second chargesheet under section 173(8) make additional persons accused or the further investigation remains only in respect of the already chargesheeted accused whose cognizance has been taken by the court as per the first chargesheet?
Kindly throw light on it with citation of supreme court or high court if possible.
Surata ram
Adinath@Avinash Patil
(Expert) 03 October 2009
DEAR SURATA RAM,
FOLLOWING ARE SUM RULINGS WICH WILL HELP YOU -
1]AFTER SUBMISSION OF CHARGE SHEET, NEITHER INFORMANT NOR ACCUSED CAN SEEK FURTHER INVESTIGATION AS A MATTER OF RIGHT FOR PREPARING A PLAN OF SPOT OF INCIDENT.
DAVA SINGH V/S REPUBLIC OF INDIA,
2002 CR.L.J.1754[ORI]
2]POLICE CAN EXERCISE RIGHT OF FURTHER INVESTIGATION.AS OFTEN AS NECCESSARY WHEN FRESH INFORMATION COMES TO LIGHT.BY SEEKING FORMAL PERMISSION TO MAKE FUTHER INVESTIGATION-
STAE OF KERALA V/S ARUMUNG,
2003[1] CRJ 735 [KER]
3] REINVESTIGATION AFTER TAKING OF COGNIZENCE BY MAGISTATE ,BY ISSUING PROCESS AND AFTER APPEARANCE OF ACCUSED IN PURSUANCE AT, NOT PERMISSABLE-
K.M.NATRAJAN V/S SASIDHARAN.
2002 CR.L.J.1672 [KER].
Anish goyal
(Expert) 03 October 2009
Further investigation need not to confined with the accused already charge sheeted. It is the right of investigation officer to conduct further investigation u/s 173(8) which may disclose the involvement of other persons also.
Ravi Arora
(Expert) 04 October 2009
Its not second charge sheet after conducting further investigation u/s 173(8) police can submit supplementary charge sheet. And it is always open to police include some other parson who is not charge sheeted previously.
Sukhija
(Expert) 11 October 2009
Agreed with Adinath n Ravi Arora
