No Bar Against Conducting Further Investigation After The Final Report Is Accepted - Supreme Court In The Case Of State Through Central Bureau Of Investigation Versus Hemendhra Reddy & Another. Etc

WHAT IS THIS CASE ABOUT 

D. Dwarakanadha Reddy (respondent No.3) was a preventive officer who joined the customs department in 1993. He got promoted to the appraiser of the department in January 2003. Due to the disproportionate assets of the accused, an FIR was filed by the CBI under Section 13(1)(e), read with Section 13(2) of the Prevention of Corruption Act, 1988, along with Section 109 of the Indian Penal Code. In 2013 the CBI again sought to reopen the case and conduct investigations. In 2014, the CBI filed a detailed chargesheet against the respondents. Respondent No.3 filed an original petition to seek the quashing of the chargesheet, which was passed by the High Court. The present appeal is filed before the Supreme Court by the CBI.

CONTENTIONS OF THE PARTIES 

The Solicitor General of India, on behalf of the CBI, contented that the order passed by the high court was incorrect and led to the miscarriage of justice. He pointed out that under sub-section (8) of Section 173 of the CrPC, further investigation can be conducted even after its closure, especially on the occasion when new pieces of evidence are discovered. Counsel on behalf of the accused contended that once the closure report is accepted by the Special Court (CBI), the proceedings would come to an end and would be terminated. Counsel stated that only on the occasion that something is pending, can the court allow permission to conduct further investigation.

OBSERVATIONS OF THE COURT 

The Supreme Court allowed the appeals and set aside and quashed the order passed by the high court. The division bench consisting of Justice Surya Kant and Justice JB Pardiwala held that even after the final report is submitted, further investigation can be carried out, and there is no bar against it. It is also not necessary to review, recall or quash the order which accepted the final report.

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