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IN THE HIGH COURT OF ALLAHABAD
HON'BLE NALIN KUMAR SRIVASTAVA, J.
Indu Awasthi @ Sarvendra Awasthi And Others - Petitioners
Versus
State Of U.P. And Others - Respondents
Matters Under Article 227 No. 9451 of 2023
Decided On : 30-05-2024
CRIMINAL PROCEDURE - FURTHER INVESTIGATION - Section 173(8) Cr.P.C., Article 227 of the Constitution of India - The court discussed the scope of Section 173(8) of the Cr.P.C., which allows for further investigation after a police report has been submitted. It emphasized that further investigation is not a re-investigation and can be initiated by the police without court permission, but the court retains the authority to direct further investigation in exceptional circumstances. The court also highlighted that the accused do not have the right to request further investigation, as it is the prerogative of the investigating agency. The interpretations of relevant case law established that the court's role is supervisory, ensuring fair investigation without infringing on the police's discretion.
Fact of the Case:
The petitioners sought to challenge the rejection of their application for further investigation in a case involving allegations of abetment to suicide under Section 306 IPC. The initial FIR was registered based on a court order, and a charge-sheet was submitted against the petitioners. The petitioners argued that the investigation was flawed and sought further investigation to establish their innocence.
Finding of the Court:
The court found that the petitioners lacked the legal standing to request further investigation as it is not a right afforded to the accused. The court upheld the Magistrate's decision to reject the application for further investigation, stating that the grounds presented were essentially defenses that could be raised during trial.
Issues: Whether the accused have the right to request further investigation after a charge-sheet has been submitted, and whether the Magistrate erred in rejecting the application for further investigation.
Ratio Decidendi: The court concluded that Section 173(8) of the Cr.P.C. allows for further investigation by the police but does not grant the accused the right to compel such investigation. The court emphasized that the power to order further investigation lies with the investigating agency and the court, not the accused.
Final Decision: The petition under Article 227 of the Constitution was dismissed, affirming the Magistrate's order rejecting the application for further investigation.
JUDGMENT :
Nalin Kumar Srivastava, J.
1. Heard Sri U.K. Saxena, Senior Advocate assisted by Sri S.K. Pandey, learned counsel for the petitioners and learned Additional Government Advocate appearing for the State-respondent.
2. By way of present petition under Article 227 of the Constitution of India, the petitioners have made a prayer to issue an order/direction to stay the effect and operation of the impugned order dated 29.08.2023 passed by Judicial Magistrate, Hawali, Farrukhabad whereby the application in Case Crime No.111 of 2021 under Section 306 IPC, P.S. Kotwali Fatehgarh, District Farrukhabad bearing Case No.04 of 2023 (State Vs. Gunjan Awasthi and others) for further investigation, under Section 156 (3) Cr.P.C. read with Section 173 (8) Cr.P.C. moved by the petitioners was rejected. Further prayer has been made that the Investigating Agency be directed by order/direction to make further investigation under Section 173 (8) Cr.P.C. in the case mentioned here-in-above.
3. It is submitted by learned counsel for the petitioners that on an application under section 156 (3) Cr.P.C. moved by the informant Rachna Singh being Criminal Misc. Case No.139/12/2021, the learned Special Judge (D.A.A.)/III Addl. Session Judge, Farrukhabad passed an order dated 25.8.2021 directing the Station Officer, Police Station Kotwali, Farrukhabad to register a criminal case under relevant sections on the aforesaid application and in compliance of the said order of the court, an F.I.R. as case crime no.111 of 2021 under Section 306 IPC was registered against seven named persons and one unknown person including the present petitioners at Police Station Kotwali Farrukhabad, District Farrukhabad.
4. It is further submitted that after investigation, the police submitted charge-sheet dated 12.4.2021 under section 306 IPC against six accused persons including the present petitioners and the investigation was continued against one of the accused persons Amit Shukla.
5. It is further urged that Crl. Misc. Writ Petition No.10539 of 2022 was preferred by the present petitioners before this Court with a prayer to command the respondents/Investigating Officer to make further investigation under section 173 (8) Cr.P.C. in the above mentioned case crime number wherein this Court, after examining and determining the question involved therein, came to the conclusion that to pass direction for further investigation in this matter was not required and the relief was declined to the petitioners, but however the petitioners were left on liberty to pursue their remedy before the Magistrate if necessary ingredients for invoking such jurisdiction is shown to exist in the matter, vide order dated 10.8.2022.
6. Another submission is that before the Court of Magistrate concerned, an application under Section 156 (3) read with 173 (8) Cr.P.C. was moved praying for further investigation in Case No.1108 of 2021, which was rejected by the Magistrate vide order dated 29.8.2023.
7. It is further submitted by the learned counsel for he petitioners that meanwhile the cognizance order of the Magistrate dated 11.6.2021 after submission of charge-sheet into the matter, was also challenged before the Sessions Judge, Farrukhabad by way of Criminal Revision No.70 of 2021 by the present petitioners, but after hearing, the same was dismissed by the Sessions Judge, Farrukhabad vide order dated 5.10.2021.
8. Advancing his argument the learned counsel for the petitioners vehemently submitted that from the perusal of application under section 156 (3) Cr.P.C. moved by the informant Smt. Rachna Singh, prima facie no offence was made out against the present petitioners under section 306 IPC and surprisingly after lodging of the F.I.R., no investigation was made on the point of abetment or instigation on the part of the petitioners to the deceased, which led him to commit suicide and charge-sheet was submitted in haste by the Investigating Officer without ascertaining the fact that prima facie t
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....
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 investigation agency has the statutory right to conduct further investigation under Section 173(8) of the Code of Criminal Procedure without seeking permission from the Magistrate.
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....
The Magistrate cannot treat a case as a complaint after taking cognizance based on a charge-sheet; further investigation rights lie with the police.
The court emphasized that further investigation must be justified by new evidence or deficiencies in the prior investigation, and the discretion to order it lies with the Magistrate based on case fac....
Further investigation – Whether further investigation should or should not be ordered is within discretion of Magistrate who will exercise such discretion on facts of each case and in accordance with....
The police have the right to conduct further investigation after a charge sheet is filed without needing prior permission from the Magistrate.
The main legal point established in the judgment is that further investigation is a statutory right of the police under Section 173(8) of Cr.P.C, and formal permission from the Court is required if t....
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