IMPORTANT POINT
Carrying out further investigation even after filing of the charge-sheet is a statutory right of the Police.

JUDGMENT

P. Sathasivam, J.—

1. Leave granted.

2. This appeal is directed against the order of the High Court of Judicature at Patna passed in Criminal Revision No. 437 of 2008 dated 10.12.2008 in and by which, after finding that there is no illegality or irregularity in summoning the witnesses named in the supplementary charge-sheet, the High Court rejected the criminal revision filed by the appellant herein against the order dated 19.02.2008 passed in Sessions Trial No. 63 of 2004 whereby the learned Additional Sessions Judge allowed the application of the prosecution to summon the witnesses named in the supplementary charge-sheet.

3. Brief facts of the case are as follows:

a) On the basis of fardebayan of Smt. Champa Devi - wife of Awadh Yadav in Siwan Mofussil Police Station case No. 8 of 2001 was registered against the appellant and others on 13.01.2001 under Section 364/34 of IPC.

b) On 08.08.2003, an offence under Section 27 of the Arms Act was also added. The police, after completion of investigation, submitted charge-sheet on 29.08.2003 against the appellant and other five accused under Section 364/34 IPC and Section 27 of the Arms Act. In the said charge-sheet, the prosecution has conveyed that they are going to examine altogether 18 witnesses.

c) On 11.03.2004, the learned Sessions Judge framed charges under Sections 120-B, 364/34, 302/34 and 201/34 IPC read with Section 27 of the Arms Act. The prosecution had examined 21 witnesses.

d) When the trial was at the stage of closure, on 08.09.2007, another charge-sheet was submitted by the Police in the court of Chief Judicial Magistrate, Siwan, against the charge-sheeted accused persons adding names of eight new witnesses in the charge-sheet. In the said report/charge-sheet, Police did not mention name of any accused. The learned Chief Judicial Magistrate, Siwan, without proceeding under Section 190 Cr.P.C. forwarded the second charge-sheet to the court of Session/Special Court, Siwan, on 10.09.2007.

e) On 12.01.2008, the prosecution has filed an application in a pending Sessions Trial No. 63 of 2004 to summon the prosecution witnesses named in the second charge-sheet. The appellant has filed a reply contending that the application filed by the prosecution is not maintainable and the same was filed with mala fide intention. By order dated 19.02.2008, the learned Sessions Judge, Special Court allowed the said application to summon the witnesses by observing that the goal of criminal trial is to discover the truth and to achieve that goal the best possible evidence is to be brought on record. The learned trial Judge issued summons to the newly added witnesses and posted the case to 23.02.2008. Being aggrieved by the said order, the appellant filed Criminal Revision No. 437 of 2003 under Sections 397 and 401 of Cr.P.C. before the High Court. By the impugned judgment and order dated 10.12.2008, the High Court dismissed the said revision. Aggrieved by the same, the appellant filed the above appeal.

4. We heard Mr. U.U. Lalit, learned senior counsel for the appellant and Mrs. Vimla Sinha, learned counsel for the State of Bihar.

5. Mr. U.U. Lalit, learned senior counsel for the appellant, after taking us through relevant materials as well as Section 173(2) and (8) of the Code of Criminal Procedure, 1973 contended that “further investigation” referred to in sub-clause (8) does not mean “re-investigation” against the accused persons who are already facing trial in the case. He further pointed out that, in the present case, after submission of charge-sheet under Section 173(2) in the year 2003, the cognizance of the offence was taken by the Chief Judicial Magistrate and the case was remitted to the Court of Sessions. Trial was commenced and altogether 21 witnesses have been examined. At a belated stage, the prosecution has filed the present report for further investigation with a view to delay the disposal of the trial. According to him, further investigation as contemplated in S