Investigation--Further investigation in the case notwithstanding any consent, has been obtained from the court, is not bad.
Investigation--Intention and spirit of--Explained.
Investigation--The Investigating Agency is not the final authority to decide, the fate of the accused, but it is to nominate one as innocent and the other as culprit, but the ball is ultimately in the dominion of the court.

A.N.Jindal, J.

1. By way of this petition under Section 482 of the Code of Criminal Procedure (for short Cr.P.C.), the petitioner Charanjit Singh alias Bittu has sought quashing of the order dated 22.10.2005 (Annexure P-3) passed by Sub-Divisional Judicial Magistrate, Patti, rejecting the report of the police submitted under Section 173(8) Cr.P.C., vide which, the police put the name of the petitioner in column No.2 as innocent person.

2. The facts in the background of the case are that on the death of Jaspal Singh, a case was registered against Brahm Dutt, Devinder Kumar, Charanjit Singh (petitioner) and some other persons vide FIR No. 34 dated 10.6.2004 under Sections 306, 342, 506 read with Section 34 of the Indian Penal Code (for short IPC). Investigation was conducted and challan was filed against six persons, including the petitioner, in the court of the ilaqa Magistrate. However, later on, after an enquiry was conducted by the S.P. (Headquarters) under the orders of D.I.G. Border Range, vide supplementary report under Section 173(8) Cr.P.C., filed by the Officer in-charge of Police Station Khalra, the name of the petitioner (Charanjit Singh) was placed in column No. 2. The Sub-Divisional Judicial Magistrate, Patti vide his order dated 22.10.2005 (Annexure P-3) rejected the said report submitted by the police under Section 173(8) Cr.P.C, solely on the ground that the police had no power to further investigate the matter, without the prior permission of the court concerned. The petitioner has challenged the said order by way of the present petition.

3. Arguments heard. Record perused.

4. It needs mention that the supplementary challan was presented after the earlier challan had already been submitted in the Court. The Sub-Divisional Judicial Magistrate while making a reference of two judgments, i.e., 2002(2) RCR 12 (P&H) and 1998(2) RCR 719 (SC) observed that no further investigation could be conducted without prior permission of the Court when the court had taken cognizance of the case.

5. Before laying my hands over the application of the aforesaid judgments, I need to reproduce Section 173(8) Cr.P.C, which deals with powers of further investigation by the police in the case, as under :-

"173(8) - Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate and, whereupon, such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the from prescribed; and the provisions of sub- sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2)."

Powers of the Police Officer to investigate the case have been defined under Section 156 Cr.P.C, which read as under :

"156. Police officers power to investigate cognizable cases - (1) Any officer in charge of a police station may, without the order of a magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under Section 190 may order such an investigation as above-mentioned."

6. After the investigation is completed, the Investigating Agency is required to submit the charge report against the accused under Section 173 Cr.P.C, and the court is to try the case on the said charge report, submitted to it and it has nothing to do with the further investigation of the case. The police has been vested with the powers of further investigation under Section 1