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2017 Supreme(Raj) 1776
IN THE HIGH COURT OF RAJASTHAN BENCH AT JAIPUR
PANKAJ BHANDARI, J.
Lalit Agarwal - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Revision No. 714 of 2017
Decided On : 13-09-2017
For the Appellant :Mr. Vijay Choudhary, Advocate
For the Respondent: Mr. Prakash Thakuriya, P.P
A supplementary charge-sheet can be filed under Section 173(8) of the Cr.P.C. even if no further investigation has been conducted, provided that the materials on which the charge-sheet is based could not have been known to the investigating officer during the earlier investigation.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 173(8) - SECTION 173(2) - SUPPLEMENTARY CHARGE-SHEET - FURTHER INVESTIGATION - SUICIDE NOTE - FSL REPORT - ARREST OF ACCUSED - FRAMING OF CHARGES - SUMMARY OF THE LEGAL FRAMEWORK APPLIED BY THE COURT IN REACHING ITS DECISION.
Fact of the Case:
The petitioner was charged with abetment to suicide and extortion. The charges were framed based on a suicide note left by the deceased, which named the petitioner as one of the persons responsible for his death. The petitioner argued that the supplementary charge-sheet against him was invalid because it was filed without any further investigation.
Finding of the Court:
The court held that the supplementary charge-sheet was valid because the police had conducted further investigation before filing it. The court noted that the police had sent the suicide note and the deceased's admitted handwriting to the FSL for examination, and had arrested the petitioner after receiving the FSL report.
Issues: 1. Whether a supplementary charge-sheet can be filed without further investigation? 2. Whether the police had conducted further investigation in this case?
Ratio Decidendi: The court held that the power of a police officer to conduct further investigation under Section 173(8) of the Cr.P.C. is unrestricted. The court also held that a supplementary charge-sheet can be filed only on the basis of materials which could not come to the knowledge of the investigating officer during earlier investigation.
Final Decision: The court dismissed the revision petition and upheld the framing of charges against the petitioner.
PANKAJ BHANDARI, J.
1. Accused-petitioner has preferred this Revision Petition aggrieved by order dated 03.04.2017 passed by Additional Sessions Judge No.12, Jaipur Metropolitan whereby the Court has framed charges against the petitioner for offence under Sections 306, 386 IPC.
2. Briefly stated the facts of the case are that on 13.11.2010 Noratmal Agarwal submitted a written report to the effect that his son Mahendra has committed suicide. A suicide-note dated 10.11.2010 written in the writing of his son was recovered wherein the deceased has mentioned the name of the persons who were responsible for his death. Prior to the death of Mahendra, his father submitted two complaints dated 9.11.2010 and 10.11.2010 alleging that Mahaveer Singh and two other persons have threatened his son. The police after investigation submitted charge-sheet on 14.2.2011 against Mohan, Ashutosh Kumar, Manoj and thereafter against Mahaveer Singh.
3. The trial Court by judgment dated 27.6.2013 acquitted two of the accused and convicted Mahaveer Singh and Mohan Meena. The present charge-sheet against the petitioner was filed on 20.11.2014. Vide impugned order the Court has framed charges under Sections 306 and 386 of IPC against the petitioner.
4. It is contended by counsel for the petitioner that when proceedings under section 173 (8) of Cr.P.C., 1973 are kept pending, without there being any further investigation fresh charge-sheet cannot be submitted. It is contended that in the present case there is no additional evidence collected by the police after filing of the earlier charge-sheet on 14.2.2011.
5. Counsel for the petitioner has placed reliance on "Nooruddin v. State of Rajasthan reported in (1999) 1 Crimes 493, T.T. Antony v. State of Kerala & Ors. reported in (2001) 6 SCC 181, Vinay Tyagi v. Irshad Ali alias Deepak & Ors. reported in (2013) 5 SCC 762 and Amrutbhai Shambhubhui Patel v. Sumanbhai Kantibhai Patel & Ors reported in (2017) 4 SCC 177.
6. Learned Public Prosecutor has vehemently opposed the revision petition. His contention is that at the time of filing of the earlier charge-sheet it was mentioned that the present petitioner is also an accused but since he was arrested after filing of the earlier charge-sheet the arrest memo tant-amounts to fresh evidence. It is also contended that the FSL report was received after filing of the charge-sheet on 14.2.2011 and as per the FSL report the suicide-note was found to be written by the deceased-Mahendra.
7. It is also contended that the subsequent charge-sheet has been filed under Section 173 (2) and not under section 173 (8) of Cr.P.C., 1973 Counsel for the State has drawn my attention to sub-clause (2) of sub-section (2) of section 173 of Cr.P.C., 1973
8. Counsel for the State has placed reliance on "Major Gurjinder Singh Benipal v. State of Punjab & Ors. and Dharam Pal v. State of Haryana reported in AIR 2016 SC 618.
9. I have considered the contentions.
10. It is settled principle of law that the power of police officer to conduct further investigation under Section 173 (8) Cr.P.C., 1973 is unrestricted. "Dharam Pal v. State of Haryana (supra)".
11. Rajasthan High Court in "Nooruddin v. State of Rajasthan (supra)" held that supplementary charge sheet can not be submitted without recording further evidence oral or documentary in respect of an offence.
12. Patna High Court in "Resham Lal Yadav & Ors. v. State of Bihari" reported in 1981 (29) BLJR 647 held that there was no provision in the Cr.P.C. under which a supplementary charge-sheet can be submitted without further investigation and fresh evidence. A supplementary charge-sheet can be submitted only on the basis of such materials which could not come to the knowledge of the investigating officer during earlier investigation.
13. In the back drop of the legal position if we revert back to the facts of this case it is evident that Mahendra committed suicide on 11.11.2010. Police submitted charge-sheet on 14.2.2011 against three accused and
