The High Court's inherent powers are crucial for ensuring justice, allowing further investigations under Section 173(8) of the CrPC even post-cognizance to correct possible injustices.

Venkata Jyothirmai Pratapa, J.

The instant petition under Section 482 of Code of Criminal Procedure, 1973[in short ‘Cr.P.C’] has been filed, by the petitioner/accused, seeking quashment of the proceedings in Crl.M.P.No.408 of 2024 in C.C.No.750 of 2022 on the file of the III Additional Junior Civil Judge-cum-Special (Mobile) Court, Eluru.

2. The petitioner herein is facing trial in the above case for the offences punishable under Sections 420, 465, 468, 471 of IPC.

3. The facts leading to filing of the present petition are as follows:

It is stated that the petitioner has applied to the post of Sub-Inspector of Police and he has enclosed fake NCC certificate for the sake of relaxation in the age. It is further stated that he got selected and appointed as Sub-Inspector of Police. Thereafter, on the complaint, it came to the notice of the authorities and an enquiry has been conducted and a report was submitted stating that the petitioner produced a fake NCC certificate. It is further stated that on the basis of the said complaint, Cr.No.254 of 2020 has been registered. Thereafter, basing on the report filed by the police, the Court has taken the cognizance for the aforesaid offences in C.C.No.750 of 2022. It is further stated that the evidence of PW14 was completed in the month of March, 2023. While so, the prosecution came to a conclusion that there is no material to prove the guilt of the accused and they have filed Crl.M.P.No.408 of 2024 under Section 173(8) of the Code seeking permission for further investigation basing on the memo, dated 14.03.2023, which has been issued by the Superintendent of Police, Eluru District. It is further stated that in the said memo, the Superintendent of Police, Eluru District, directed the Inspector of Police (SHO), Eluru III Town PS, to conduct investigation from the stage of FIR on the ground that the Sub-Inspector of Police failed to conduct investigation properly. It is further stated that the application filed by the prosecution is only to introduce a case afresh to prove the accusation by way of supplementary charge sheet at the stage when entire evidence is completed except the evidence of two Investigating Officers. It is further stated that the petition in Crl.M.P.No.408 of 2024 is not maintainable and is liable to be quashed.

Arguments Advanced at the Bar

4. Heard Sri Raja Reddi Koneti, learned counsel for the petitioner and Ms. D. Prasanna Lakshmi, learned Assistant Public Prosecutor representing the State/Respondent.

5. Learned counsel for the petitioner would submit that the petitioner is facing trial on the allegation that he has submitted a false N.C.C. certificate for getting age relaxation for the post of Sub-Inspector. After due investigation, police filed charge sheet and during the course of trial, 14 witnesses were examined and when the matter is coming up for examination of two Investigating Officers, the impugned petition has been filed to fill up the lacunas in the prosecution’s case. Learned counsel would further submit that the prosecution cannot seek the relief of further investigation which is not contemplated under Section 173 (8) of the Code. If any material came to their knowledge after filing of the charge sheet, they can present the same before the Court even after taking cognizance of the offence. But, in the present case, when the matter is at the fag end of trial, the application seeking for further investigation under Section 173(8) of the Code is not maintainable.

6. Per contra, learned Assistant Public Prosecutor would submit that there is no bar for filing such application before the Court after examination of 14 witnesses. The hands of the Investigating Agency should not be tied down on the ground that further