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A. BADHARUDEEN
Cirin Siby, S/o. Siby Mathew – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure to quash Annexure V order dated 14.05.2024 in S.C.No.103/2024 on the files of the Fast Track Special Court, Changanassery, arose out of crime No.961/2023 of Manimala Police Station, Kottayam. The petitioner herein is the sole accused in the above case.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the relevant documents.
3. Here, the prosecution alleges commission of offences punishable under Sections 354, 354A(1)(i) of the Indian Penal Code (hereinafter referred to as ‘IPC’ for short) as well as Section 8 r/w 7, 10 r/w 9(f) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘POCSO Act’ for short). The petitioner, who is the accused facing trial, is aggrieved by Annexure V proceedings dated 14.05.2024 on the files of the Fast Track Special Court, Changanassery and the same reads as under:
The requirement of court permission for further investigation is essential and must be adhered to, as established by recent judicial interpretations.
It is not mandatory for the investigating officer to seek and obtain permission of the court for conducting further investigation under Section 173(8) of the Code, but it is desirable as a matter of ....
The investigating officer is not legally required to seek court permission before conducting further investigation under S.173(8) of the Code.
Further investigation under Section 173(8) of Cr.P.C. does not require formal court permission to validate supplementary reports if sufficient evidence exists for inclusion of an accused.
Further investigation – Police ought to follow procedure of seeking permission from Court to conduct “further investigation” and file supplementary chargesheet – Power to direct further investigation....
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....
Constitutional guarantee under Art.21 of the Constitution of India embraces both the life and liberty of the accused and the interest of the victim as well as of the society at large and cannot be al....
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.
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