- The right to further investigation is granted to the Allahabad High Court by Section 173(8) CrPC, and only the investigating agency may file an application before the magistrate for further investigation.
- The Bench of Justices Anjani Kumar Mishra and Deepak Verma went on to say that after the trial begins, neither the Magistrate suo motu nor on an application filed by the complainant/informant can direct further investigation in a case.
- One Ashok Kumar Jain (now deceased) filed a FIR under Sections 420, 467, 468, 471, and 120-B I.P.C. against fifteen named accused persons, including the petitioner and her husband.
- Following a thorough investigation, a charge sheet was filed, the trial court took cognizance, and the trial is currently underway. However, the petitioner moved the High Court seeking a direction to the investigating agencies to conduct additional investigations in the case under Section 173(8) of the Criminal Procedure Code.
- The Court noted while reading her plea that she is an accused in the case and that a charge sheet has already been filed.
- The Court also noted that an accused (petitioner) had requested a direction for further investigation, which is normally the responsibility of the investigating agency.
- Finally, the Court emphasised that the accused cannot dictate how the investigation is to be conducted, as this is solely the responsibility of the investigating agency.
- In related news, the Kerala High Court ruled in March 2022 that Section 173 of the Code of Criminal Procedure does not preclude an investigating agency from conducting a further investigation into a crime when it receives new information.
- The Madras High Court expressed similar sentiments earlier this month, ruling that an application for further investigation can be made even after the trial has begun.
- The court observed that uncovering the truth was critical, and that Section 173(8) of the CrPC does not restrict the Police from conducting additional investigations after the start of the trial.
- The Kerala High Court ruled last year that the investigating officer does not need to seek permission from the court to conduct further investigation.
- The Allahabad High Court, too, observed that police have unrestricted investigative powers, and that such investigations can continue even after a charge sheet has been filed under Section 173 (2) CrPC and cognizance has been taken.
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