What is the difference between Multiple Enquiries and Further Investigation after the filing of a chargesheet? The Punjab and Haryana High Court has asked the Police Department to provide them with a list of Multiple Enquiries being conducted, as many people are complaining of being harassed once the police closed the enquiry and gave a clean chit in a criminal matter, only to subsequently reopen the enquiries when the previous investigation found it to be a matter of civil nature. Now, in another matter, the Police are conducting Further Investigation after filing the chargesheet and intend to discharge the accused, as the High Court has asked the police to submit a report on multiple enquiries being conducted. Would the Police conducting Further Investigation after filing the chargesheet and intending to discharge the accused be considered interference by the High Court in requesting the police department to submit details of Multiple Enquiries being conducted?
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The Police has free hand to make either multiple enquiries or even further investigation if the case so warrants.
After submission of charge sheet the Police on getting further information can intiate further investigation and can submit supplementary charge sheet.
Difference between Investigation and Inquiry: Investigation involves a systematic process of examining and gathering evidence to uncover facts or resolve a specific matter, often pertaining to legal or serious issues. On the other hand, inquiry refers to a less formal exploration or seeking of information to gain understanding or knowledge about a subject.
.Section 169 of the CrPC reads as under:
“169. Release of accused when evidence deficient.—
If, upon an investigation under this Chapter, it appears to the
officer in charge of the police station that there is not sufficient
evidence or reasonable ground of suspicion to justify the
forwarding of the accused to a Magistrate, such officer shall, if
such person is in custody, release him on his executing a bond,
with or without sureties, as such officer may direct, to appear, if
and when so required, before a Magistrate empowered to take
cognizance of the offence on a police report, and to try the
accused or commit him for trial.”
Reinvestigation defined:
the act or process of carefully examining a crime, problem, statement, etc. again, especially to discover the truth. Understanding the Concept of Further Investigation
As a result, if a charge-sheet has been filed, the investigating agency may conduct additional investigations, and the Court may order more investigations. However, any further investigation will not imply a new investigation or a reinvestigation.
Further investigation means continuation of earlier investigation. Fresh investigation or reinvestigation, means wipe out earlier investigation.
2)inquiry refers to a less formal exploration or seeking of information to gain understanding or knowledge about a subject.
No it’s not interfering. The police have power to do further investigation and file supplementary chargesheet if required
muliiple inquiry details can be called by HC
Can I get Full copy of this News and Case Prima Facie Contempt: High Court Raps Punjab Police For Violating Lalita Kumari Guidelines, Initiating Enquiries On Same Allegation Sans FIR 7 Feb 2024
https://www.livelaw.in/high-court/punjab-and-haryana-high-court/punjab-haryana-high-court-punjab-police-enquiry-without-fir-lalita-kumari-guidelines-contempt-248763
Dear client
Here's the breakdown of the difference between Multiple Enquiries and Further Investigation after a chargesheet:
Multiple Enquiries:
This refers to situations where the police reopen a closed investigation after giving a "clean chit" (finding no criminal wrongdoing).
This can be harassing for the accused, who thought the matter was settled.
The High Court is concerned about this practice, as it can be misused to target individuals.
Further Investigation:
This refers to the continuation of the original investigation after a chargesheet is filed.
This is done if new evidence comes to light or there are loose ends that need tying up.
It's a legitimate investigative tool, but only if done with proper justification.
In your scenario:
The police conducting further investigation and potentially discharging the accused seems like a legitimate use of their power.
The High Court's request for a list of multiple enquiries shouldn't be seen as interference in this specific case.
They are likely looking at broader trends and want to ensure further investigations are conducted only when necessary, not to reopen settled cases.
Key Points:
Multiple enquiries raise concerns about harassment and misuse of power.
Further investigation is a valid tool for ongoing cases with new evidence.
The High Court is likely trying to differentiate between the two practices.
Additional Notes:
You can engage the services of an advocate and procure the desired judgement.
You need to seek personal service of lawyer for the same through kaanoon
- A s per the Supreme Court , the court can order further probe or re-investigation in a criminal case to secure the ends of justice even after the charge sheet has been filed, and further if the trail court failed to order then the High court may order for the same.
