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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH
M.M. NERLIKAR
Sumit S/o Karan Singh Gautam – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
M.M. NERLIKAR, J.
Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel for the parties.
2. The petitioners challenge the order dated 09/09/2024, wherein, the application filed by the prosecution for seeking permission to file additional charge-sheet on record is allowed and the permission is granted to submit supplementary charge-sheet on record.
3. The learned counsel appearing for petitioners submit that the Investigating Officer has not sought permission / leave from the learned Magistrate for conducting the further investigation. He further submits that there is no material against the petitioners to connect them with the crime. Even if the statement recorded by the Investigating Officer of the informant is taken into consideration, the same does not demonstrate that there is an overt act on the part of petitioners. The original charge-sheet was filed on 12/01/2022, however, the statement dated 12/01/2022 of Rahul Pandurang Deshpande, who is the informant is not filed on record alongwith original charge-sheet. It was submitted that with mala fide intention, the Investigating Officer has implicated the present petitioners in the crime.
Investigating Officers retain the right to conduct further investigation and file supplementary charge-sheets without court permission, although seeking such permission is an established practice.
Further investigation without prior court permission is valid under Section 173(8) of CrPC, and such investigation does not violate the principle of double jeopardy under Article 20(2) of the Constit....
There is no legal bar against further investigation. Section 173(8) of Criminal Procedure Code does not restrict reopening of the case in which charge-sheet has already been submitted and cognizance ....
The accused has no right to seek further investigation after a charge sheet is filed, and discrepancies in evidence are to be resolved at trial.
The Magistrate cannot retroactively classify a case as a complaint after taking cognizance based on an investigation report, as further investigations are solely under the police's purview without re....
The Magistrate cannot treat a case as a complaint after taking cognizance based on a charge-sheet; further investigation rights lie with the police.
The trial Court has the discretion to permit further investigation without providing detailed reasons, and the need for further investigation can be justified based on the quality of previous investi....
Further investigation – Whether further investigation should or should not be ordered is within discretion of Magistrate who will exercise such discretion on facts of each case and in accordance with....
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