Subsequent investigation findings are essential components of the report under Section 173, and criminal courts cannot review earlier rulings post-finalization.

Order

11/07/2025

1. Heard the learned counsel for the applicant and the learned Public Prosecutor and also conferred with the Deputy Superintendent of Police – Shri Sangram Singh Bhati who is conducting investigation in this matter at the present.

1.2 The case has a chequred history and when gone through the legal trajectory, it is observed that in initial investigation, the applicant was found involved in the commission of the crime but at a subsequent stage when investigation was being carried out by Additional Superintendent of Police - Sunil K. Panwar, he upon meticulous examination of the material and so also noticing the discrepancies in the relevant dates of commission of crime and presence of the applicant on those days at a distant place; had opined that this man was not indulged in the criminal activities alleged by the victim. Upon making a further investigation by similar cadre of officers, the final conclusion was about the culpability of the applicant.

1.3 Having gone through the niceties of the matter and particularly, the dichotomy and conflicting views so also noticing that the electronic evidence viz. CCTV cameras installed at the coaching centre where the presence of the applicant was pleaded are not available now owing to the lapse of time and the regulations of TRAI and for that, this applicant was not responsible in any manner and therefore, he cannot be allowed to be persecuted at the hands of Agency for no fault of him and thus, it is felt appropriate to direct to the Agency that the investigation result reached out by Shri Sunil K. Panwar showing non- involvement of the petitioner in the crime shall also be made a part of the report under Section 173 of Cr.P.C. besides the other material as has been collected during the course of initial investigation and the subsequent investigation.

1.4 In view the judgment passed by Hon’ble the Supreme Court in the case of Vinay Tyagi Vs. Irshad Ali & Ors. reported in (2013) 5 SCC 762 and a recent judgment of this Court passed in the case of Neeraj Purbia Vs. State of Rajasthan on 20.02.2025 wherein it is propounded that the subsequent investigation report and the initial investigation report both are the part of report under Section 173 of Cr.P.C. and the subsequent report does not have overriding effect over the previous report.

2. In view of the above, it is ordered that the present conclusion of the investigation as well as the result reached out by Shri Sunil K. Panwar (Additional Superintendent of Police) shall also be treated part of a report under Section 173 of Cr.P.C. and therefore, both the conclusions shall be filed with the trial Court.

2.1 This Court is of the firm view and is aptly guided by the judgment of the apex Court referred to supra, therefore, the FIR (No. 03/2022 of Police Station Matoda, Jodhpur Rural) cannot be quashed on this count alone that in a subsequent investigation, wherein he was absolved of the charges and, therefore, the prayer made in the instant application cannot be accede to. More over in view of the legal provision contained under Section 362 of Cr.P.C. where a criminal Court becomes functus officio after passing an order and it has no right to review its earlier order, thus, the instant application seeking a revisit to the entire order cannot be allowed in toto except certain just modification and clarification.

3. Accordingly, the instant application is disposed of with the above observations.

3.1 A liberty is given to the applicant that he may raise the grounds mentioned above if he would seek pre-arrest bail through a separate application and in that event, it is expected that both the reports referred above shall be taken into account while adjudicating the bail plea raised on his behalf by invoking provision under Section 438 of Cr.P.C. at present 482 BNSS.

4. For next 30 days, applicant shall not be arrested in connection with the above-mentione