The Allahabad High Court in the case Farha Faiz v. State Of U.P. And 3 Others observed and stated that the court has the right for further investigation under Section 173(8) CrPC is given to investigating agency and only an application can be moved by them for further investigation before the magistrate.
The bench comprising of Justice Anjani Kumar Mishra and Justice Deepak Verma further observed and stated that after the commencement of trial, neither the Magistrate suo motu nor on an application filed by the informant or complainant can direct in the case for further investigation.
The bench further added that such a course and a direction for further investigation would only be open on the request of the investigating agency and in circumstances warranting further investigation, on the detection of material evidence and that too only to secure fair investigation and trial.
Allahabad High Court Case:
An FIR was filled by one Ashok Kumar Jain (now dead) against fifteen named accused persons including the petitioner and her husband under Sections 420, 467, 468, 471, 120-B Indian Penal Code, 1860.
A charge sheet was filled after a thorough investigation and the cognizance was taken by the trial court and the trial is in progress. Therefore, the petitioner moved the High Court seeing a direction to the investigating agencies to make further investigation u/s 173(8) Cr.P.C in the case.
Observations Made by the Court:
The court noted, while perusing her plea that in the case she is an accused and a charge sheet has already been filed. Further, it was observed by the Court that an accused (petitioner) had sought a direction for further investigation, which otherwise is the right of the investigating agency.
It was further remarked by the Court that the investigating agency has not come forward with any prayer for further investigation and the object of this petition is only to delay the pending proceedings and the court is of the considered opinion that the right of further investigation under Section 173(8) Cr.P.C. is given to investigating agency, no other one except the investigating agency can think that further investigation is required for decision of the case, an application can be moved by them for further investigation under Section 173(8) Cr.P.C.
However, the court stressed that the accused cannot dictate the manner in which the investigation is to be carried out and which is the prerogative of the investigating agency alone.
In March 2022, it was ruled by the Kerala High Court ruled that Section 173 of the Code of Criminal Procedure does not restrict the investigating agency from conducting a further probe when it is notified of new information into a crime.
The Madras High Court expressed similar views and earlier this month wherein it held that an application for further investigation can be made even after the commencement of trial.
It was observed by the court that bringing out the truth was of utmost importance and that Section 173(8) of CrPC does not put any fetter on the Police for conducting an investigation after the commencement of trial.
Kerela High Court, last year observed that it is not necessary for the investigating officer to seek any permission from the court to conduct further investigation and it was observed by Allahabad High Court too those police have unfettered powers of investigation and such investigation can continue even after the charge sheet has been filed under Section 173 (2) CrPC and cognizance has been taken thereon.