J.B.KOSHY, K.HEMA
J. Prabhavathiamma – Appellant
Versus
The State of Kerala – Respondent
Key Points: - The judgment discusses that Section 173(8) empowers police to conduct further investigation after filing a final report, even if cognizance has been taken, and may involve directing the same agency or transferring to a different agency in appropriate cases (!) (!) (!) (!) . - It elaborates that the High Court may order refer to the CBI (or another special investigating agency) for further investigation in the interest of justice, and that withdrawal of consent to CBI proceedings cannot bar such further investigation in appropriate circumstances (subject to specific legal constraints) (!) (!) (!) (!) . - It outlines the scope, limits, and procedural safeguards for invoking section 319 Cr.P.C. to add other persons as accused based on evidence adduced during trial or inquiry, including ensuring a prima facie case and providing a fair opportunity to the newly added accused (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) .
Koshy, J.
Expressing doubts regarding the correctness of dicta laid down by the Division Bench in Antony Scaria v. State of Kerala (2001 (2) KLT 93) and by the single Bench in Vijayakumar v. Kamarudhin (1999 (1) KLT 184) that further investigation under section 173 (8) of the Code of Criminal Procedure can be conducted only by the very same agency which conducted the earlier investigation, a learned single Judge of this Court referred this matter for authoritative pronouncement by a Full Bench. According to the learned single Judge, the above view is opposed to the decision of the Apex Court and other Division Bench decisions. Another incidental question was whether further investigation can be ordered by the court after commencement of trial on the basis of charge sheet (final report) already accepted and charges framed by the court. Power of the court to refer the matter to C.B.I. under the Delhi Special Police Establishment Act, 1946 is also an incidental question to be answered in the reference. As held by this Court in Babu Premarajan V. Superintendent of Police (2000 (3) KLT 177 FB) and Peter v. Sara (2006 (4) KLT 219 FB) even though Chief Justice under section 6 o
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