- In the case of Mirza Dawood Baig vs State of Chattisgarh and ors, the Chhattisgarh HC has held that in cases where any further investigation has been carried out under Section 173(8), then irrespective of its outcome, the report of such further investigation must be mandatorily submitted before the Magistrate.
- In the instant case, the charge sheet was filed against the accused under sections 498A, 323, 377/34, 406 and 506B of the IPC on a complaint which was filed by the complainant. During the pendency of the proceedings before the trial Court, the Public Prosecutor had filed an application under section 173(8) CrPC praying for a further investigation into the charge under section 406 IPC.
- The grievance of the petitioner was that the report of the investigation that was carried out was not produced before the Court. It was argued that the outcome of the investigation that was carried out was necessary in order for him to defend himself in the case. The State however, argued that it was its prerogative to file the report or not.
- The HC relied upon the latest judgement of the Apex Court in Luckose Zacharia vs Joseph Joseph and ors (decided on 18-2-2022) wherein it was held that in the event of a further investigation, the report has to be forwarded to the Magistrate, upon which the provisions of sub-sections 2 to 6 of section 173 CrPC would apply, as they apply to the report forwarded under section 173(2) CrPC.
- The Court also relied upon the decision of the Apex Court in Vinay Tyagi vs Irshad Ali @ Deepak and ors (2013) SCC where the Court had held that since the supplementary report under section 173(8) CrPC was presented before the Magistrate after further investigation, the Magistrate is required to take into account both the reports under section 173(2) as well as under section 173(8) and then determine whether there is any ground for proceeding with the case.
- In the case of Joginder Yadav vs State of Bihar (2014) SCC the Apex Court had held that it is the duty of the Court to ensure that a fair investigation is carried out, and to prevent any foul play in the same. If certain further investigation is carried out, then irrespective of the fact whether it supports the case of the prosecution or the accused, to demonstrate the fact of a fair trial the police is required to place the same before the Magistrate.
- Thus, keeping in mind the observations of the Apex Court, the Police in the instant case was directed to submit the supplementary report of the further investigation to the Magistrate within a period of 30 days.
"Loved reading this piece by Shweta?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
