Learned magistrate is correct
police has powers to conduct further investigations under provisions of section 173(8) of cr pc even after filing of charge sheet and no prior permission of magistrate is necessary
Discharge application by police after filing chargesheet
A First Information Report (FIR) was lodged under Section 420. A cancellation report was filed by the police with the magistrate's court after investigating the FIR. Subsequently, a protest petition was filed by the complainant, and the magistrate sent the case back to the police for further investigation since the complainant was dissatisfied with the investigation mentioned in the cancellation report. Then, the police filed the chargesheet in court, asserting that the investigation of the FIR was correct and that a case was made out against the accused. The chargesheet was sent to the magistrate to initiate trial under Section 420. The accused approached the police, arguing that the matter needed further investigation, as the police wrongly relied on the FIR in the chargesheet, without considering the investigation in the cancellation report. The police approached the court, seeking permission for further investigation. However, the magistrate is not accepting the application, stating that further investigation is the right of the police, and they can conduct it independently. The court maintains that it is the prerogative of the police to decide whether they want to further investigate the matter but doesn't want to give that in writing, stating that it is the police's decision and the court cannot interfere and taking application for court to consider further investigation Now, the question arises: Can the police conduct further investigation on their own and file a discharge application because charges against the accused have not been framed yet? What are the other options for the police, as they now believe that the charges made in the chargesheet are incorrect, and the matter is of a civil nature?
Asked 11 months ago in Criminal Law
Religion: Sikh
10 Answers
Dear Client,
The police can independently conduct further investigation into the matter. While the court may not explicitly grant permission for further investigation, if the police believe it is necessary, they can proceed with it. It is essential for the police to thoroughly document their findings during the additional investigation. The police, based on their independent investigation, can file a discharge application before the court. In this application, they can present their reasons for seeking the discharge of the accused. The police should highlight any new evidence or circumstances that have emerged during the additional investigation, which they believe justifies dropping the charges. The police can consult with the public prosecutor handling the case. The prosecutor may provide legal advice on the best course of action and may assist in presenting the case to the court. It is crucial to have a clear and strong legal argument for why the charges should be dropped. It's important to note that legal procedures can vary by jurisdiction, so consulting with legal professionals familiar with the local laws and practices is crucial. The police should ensure that they follow the legal processes and present a compelling case to the court for any desired actions.
Power of the police to conduct further investigation, after laying final report, is recognised under Section 173(8) of the Code of Criminal Procedure. Even after the Court took cognizance of any offence on the strength of the police report first submitted, it is open to the police to conduct further investigation.
Court cannot interfere with the further investigation, which is a statutory function exercised by Police. Unless there are compelling and justifiable reasons, there cannot be any interference with the investigation proceedings.
- As per the Supreme Court in the matter of Peethambaran Versus State of Kerala, the further investigation in a case where final report has been filed can be initiated with an order by a court only. This power does not rest with the investigating agency,
1. Yes the Police either on its own motion or on order of the Magistrate can cause further investigation.
2. The Police after submission of charge sheet can not file Final report closing the case anymore.
If the police initiate further investigation based on their initial findings, can they apply to the court to stay the proceedings until the further investigation is concluded? They would cite that the initial findings indicate that the allegations are not of a criminal nature due to new facts that have emerged, with the aim of ensuring justice for the accused, especially since charges have not yet been framed. Additionally, if the police are unable to file a final report, can they submit a discharge application instead?"
Asked 11 months ago
The court will not proceed with the conduct of the case without the police filing their final report.
Police cannot seek discharge under any circumstances.
Police after conducting further investigations can submit a closure report that dispute is of civil nature
in alternative apply to HC for quashing of FIR abd charge sheet
- Yes, the police can submit the Closure report with the suggestion that the facts are showing that the dispute is of civil nature.
Dear Client,
In the Criminal Procedure Code of 1973, Section 173(8), came to be introduced, which statutorily accoutered the police to undertake further investigation after submission of the final report under Section 173(2) of the Cr.P.C. Conspicuously, it still did not confer such powers on the Magistrate to direct further and/or fresh investigation after submission of the final report by the Police. The police or prosecuting authorities may have the ability to request the court to stay proceedings temporarily. This is often done to allow for further investigation or to address issues that may affect the case and, if the police are unable to gather sufficient evidence to proceed with the case, they may submit a discharge application. This is a request to the court to discharge the accused, effectively ending the legal proceedings against them. The grounds for discharge may include the lack of evidence, new facts emerging, or a determination that the alleged actions do not constitute a criminal offense. The court will evaluate the discharge application and may grant it if it finds that there is insufficient evidence to proceed or if there are other valid reasons.
Yes if police wants they can do further investigation as per crpc without court
