Further investigation after final report

Dear Dr VNT sir,

Magistrate is fully empowered under section 156(3) Cr.P.C. to pass the order for further investigation on the final report.

 In the case, Sakiri Vasu Vs. State of U.P. and others 2008 (60) ACC 689, the Hon'ble Apex Court has held in para 16 of the report at page 691 that "the power in the Magistrate to order further investigation under section 156(3) is an independent power and does not affect the power of the Investigating Officer to further investigate the case even after submission of his report vide section 173(8). Hence, the Magistrate can order re-opening of the investigation even after the police submits the final report."
This matter has been considered by the Hon'ble Apex Court in a number of decisions and it is repeatedly held that the Magistrate is empowered to pass the order for further investigation on the final report.

In the case of Abhinandan Jha and another Vs. Dinesh Mishra 1967(4) ACC 306 S.C., the Hon'ble Apex Court while considering the provisions of section 156(3), 169, 173 and 190 Cr.P.C., has held that there is no obligation on the Magistrate to accept the report submitted by the police under section 173(2) Cr.P.C., if he does not agree with the opinion formed by the police.

In the case of Gangadhar Janardan Mhatre Vs. State of Maharashtra and others 2004(50) ACC 650, the Hon'ble Apex Court had an occasion to consider this matter again. After making reference of the case of Abhinandan Jha(supra), the following observations have been made in para 9 of the report at page 654:-
9. "When a report forwarded by the police to the Magistrate under section 173(2)(i) is placed before him several situations arise. The report may conclude that an offence appears to have been committed by a particular person or persons and in such a case, the Magistrate may either (1) accept the report and take cognizance of the offence and issue precess, or(2) may disagree with the report and drop the proceeding, or (3) may direct further investigation under section 156(3) and require the police to make a further report.

The report may on the other hand state that according to the police, no offence appears to have been committed. When such a report is placed before the Magistrate he has again option of adopting one of the three courses open i.e., (1) he may accept the report and drop the proceeding; or (2) he may disagree with the report and take the view that there is sufficient ground for further proceeding, take cognizance of the offence and issue process; or (3) he may direct further investigation to be made by the police under section 156(3)." 
In the case of Pakahndo and others Vs. State of U.P. and another 2001 (43) ACC 1096. Making reference of certain decisions of the Hon'ble Apex Court, the Division Bench has held as under in para 15 of the report at page 1100:-
" From the aforesaid decisions, it is thus clear that where the Magistrate receives final report, the following four courses are open to him and he may adopt any one of them as the facts and circumstances of the case may require:

(i) he may agreeing with the conclusions arrived at by the police, accept the report and drop the proceedings. But before so doing, he shall give an opportunity of hearing to the complainant; or

(ii) he may take cognizance under Section 190(1)(b) and issue process straightway to the accused without being bound by the conclusions of the investigating agency, where he is satisfied that upon the facts discovered or unearthed by the police, there is sufficient ground to proceed; or

(iii) he may order further investigation, if he is satisfied that the investigation was made in a perfunctory manner; or

(iv) he may, without issuing process or dropping the proceedings decide to take cognizance under Section 190 (1)(a), upon the original complaint or protest petition treating the same as complaint and proceed to act under Section 200 and 202, Cr.P.C. and thereafter decide whether complaint should be dismissed or process should be issued.

Shre, has given correct and appropriate answer.Thank you Shree, for the citation.