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2001 Supreme(Ker) 138

Antony Scaria – Appellant
Versus
State of Kerala – Respondent


Judgment :-

G. Sasidharan, J.

Investigation sought to be done by the police in a crime after filing the final report in the court of the Magistrate is objected to by the accused in the crime by saying that re-investigation of the crime after filing final report is not permissible under law. Investigation that is being conducted after filing final report in court is sought to be justified by the State saying that what is being done is further investigation permissible under S.173(8) Cr.P.C. and it is being done on the strength of an order made by the Director General of Police directing that investigation has to be conducted by the C.B.C.I.D., Kottayam. The question which arises for consideration is whether the investigation that is being done is further investigation or it is a re-investigation of the crime. When it is said that reinvestigation of a crime is being done, that can mean that investigation of the crime is commenced afresh wiping out the investigation which had been made before filing of the final report. On the other hand, further investigation can only mean that investigation is commenced from the stage at which it was stopped before filing of the final report and coll

















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