Power of further investigation under 173(8)

 Power of further investigation under 173(8)

POINT TO BE CONSIDER

1. Further investigation can be done in respect of an offence wherein report under section 178(2) has be forwarded.

2. During further investigation  police officer has power to 

                     (i) obtain further evidence orally or documentary ,

                     (ii) to forward to magistrate. A further report regarding such evidence in the form prescribed.

3. The provision of sub-section 2 to 6 shall apply to further investigation.

WHAT IS THE  MEANING OF FURTHER INVESTIGATION .

 The dictionary meaning of the word 'further' ( when used as adjective ) is additional , more , extra . Thus further investigation means an extra or additional investigation to the matter , but not fresh investigation or re investigation.     

 

In Rama Chaudhary V. State of Bihar [(2009)6 SCC 346] , the honorable apex court held further investigation with in the meaning of provision of section 173(8) of Crpc additional ; more or supplementary . " Further investigation " therefore is the continuation of the earlier investigation and not a fresh investigation or reinvestigation to be started ab initio wiping out the earlier investigation altogether.         

WHAT IS THE PRIME CONSIDERATION FOR FURTHER INVESTIGATION 

This question has been discussed by the court in case of Hasanbhai Valibhai Qurashi V.  State of Gujurat [( 2004) 5 SCC 347] , 

 " The prime consideration for further investigation is to arrive at the truth and do real and substantial justice . The hands of investigation agency for further investigation should not tied down on the ground of mere delay. In other words the mere fact that there may be further delay in including the trial should not stand in the way of further investigation if that would help the court in arriving at the truth and so real and substantial and effective justice ".

DIFFERENCE BETWEEN FURTHER INVESTIGATION AND RE INVESTIGATION

In case of Mitabhai Pashabhai Patel V. State of Gujurat [(2009) 6 SCC332] , the apex court described the difference between further investigation and re investigation . The honorable supreme court considered the scope and ambit of further investigation  accuring in section 173(8) of Crpc , it was accordingly held that 

 " further investigation was a continuation of the earlier investigation and not a fresh investigation or re investigation to be started and wiping out the earlier investigation" . 

Vinay Tyagi v. Irshad Ali wherein it has been held that “further investigation” is a power vested with the executive where the investigating officer obtains further oral or documentary evidence after the final report has been filed before the court in terms of Section 173(8), The expression is to be understood in complete contradistinction to a “reinvestigation”, “fresh” or “de novo” investigation, wherein there has to be a definite order of the court.

WHETHER FURTHER INVESTIGATION CAN BE ORDERED DURING OR AFTER TRAIL

This point has been discussed by the court in various judgement firstly in the case of 

Kishan Lal vs. Dharmendra Bafna (2019 SCC 1346) wherein it was categorically held that, “An order of further investigation can be made at various stages including the stage of the trial, that is, after taking cognizance of the offence.”, and notably, both Kishan Lal (supra) and Amrutbhai Patel(supra) are delivered by an equal bench strength.

In another case of J. Prabhaathiamma V. State of Kerala [(2008)1KLS 9] , Court held that " when even though the trail had reached its fag end , it was held that further investigation under section 173 (8)  Crpc can be conducted even at post cognizance stage . So further investigation can be contacted even after cognizance has been taken , there is no reason why it can't be order during or after trial".