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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Pardeep Alias Pardeep Kumar – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT :
Harpreet Singh Brar, J.
The present petition has been preferred under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') seeking quashing of supplementary report under Section 173(8) Cr.P.C (Annexure P-6) as well as the order dated 26.09.2016 (Annexure P-7) passed by the learned Additional Sessions Judge, Kaithal whereby the objections of the petitioner against filing of a supplementary report under Section 173(8) Cr.P.C were dismissed, in the case stemming from FIR No.113 dated 22.07.2015 registered under Sections 354-A, 354-B IPC at Police Station Rajound.
factual background
2. Briefly, the facts, as alleged by the prosecution, are that the petitioner obtained the mobile number of the respondent No.2 and would talk to her in a filthy language. He would ask her to make physical relations with him but she refused multiple times. Subsequently, the petitioner came to her house on a motorcycle. He stepped into her bedroom and tried to rape her. The respondent No.2 threw chili powder on him and locked him in the room. She raised alarm causing the petitioner to run away through the roof. A crowd gathered, hearing her screams, and damaged the motorcycle of
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.
The Magistrate cannot treat a case as a complaint after taking cognizance based on a charge-sheet; further investigation rights lie with the police.
Investigating Officers retain the right to conduct further investigation and file supplementary charge-sheets without court permission, although seeking such permission is an established practice.
The Magistrate cannot retroactively classify a case as a complaint after taking cognizance based on an investigation report, as further investigations are solely under the police's purview without re....
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....
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.
The main legal point established in the judgment is that both the original and supplementary reports under Section 173(2) and Section 173(8) of the Code of Criminal Procedure 1973 must be considered ....
The accused do not possess the right to request further investigation under Section 173(8) of the Cr.P.C., as this power is reserved for the investigating agency and the court, ensuring that the inve....
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....
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