Pankaj Kaul And ORS v. State Of Haryana And ANR
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<%% 1$%#.*%$*%.% %*%"2#< Section 173. Report of police officer on completion of investigation.
(5) When such report is in respect of a case to which section 170 applies, the police officer shall forward to the Magistrate along with the report
(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation;
(b) the statements recorded under section 161 of all the persons whom the prosecution proposes to examine as its witnesses.
(6) If the police officer is of opinion that any part of any such statement is not relevant to the subject matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request.
(7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub section (5).
(8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub
section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub section (2).
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vs. R. Udhayakumar and others (2008) 5 SCC 413-* ,$%",$:" % +% )-2%.##< "6. At this juncture it would be necessary to take note of Section 173 of the Code. From a plain reading of the above section it is evident that even after completion of investigation under sub section (2) of Section 173 of the Code, the police has right to further investigation under sub section (8), but not fresh investigation or re& investigation. This was highlighted by this Court in K. Chandrasekhar v. State of Kerala and Ors., 1998(2) RCR (Criminal) 719 : (1998(5) SCC 223). It was, inter alia, observed as follows : "24. The dictionary meaning of "further" (when used as an adjective) is "additional; more; supplemental"."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.
In drawing this conclusion we have also drawn inspiration from the fact that sub section (8) clearly envisages that on completion of further investigation the investigating agency has to forward to the Magistrate a "further" report or reports and not fresh report or reports regarding the "further" evidence obtained during such investigation."
#)-<:",2$$(72#'"*%0"%K. Vadivel vs. K. Shanthi and others 2024(11) Scale 412-* ,$%",$ :"!
& &$<$-$*##< "32. Ultimately, the contextual facts and the attendant circumstances have to be singularly evaluated and analyzed to decide the needfulness of further investigation or reinvestigation to unravel the truth and mete out justice to the parties (see Pooja Pal v. Union of India & Ors. (2016) 3 SCC 135, para 83). As noticed in Ram Lal Narang v. State (Delhi Administration) (1979) 2 SCC 322, (para 20) where fresh materials come to light which would implicate persons not previously accused or absolve persons already accused or where it comes to the notice of the investigating agency that a person already accused of an offence has a good alibi, it may be the duty of the investigating agency to investigate the genuineness of the same and submit a report to the court.
33. However, the further investigation cannot be permitted to do a fishing and roving enquiry when the police had already filed a charge& sheet and the very applicant for further investigation, in this case respondent no. 1, has not whispered about anything new in her evidence as is now sought to be averred in the application. There must be some reasonable basis which should trigger the application for further investigation so that the court is able to arrive at a satisfaction
that ends of justice require the ordering/permitting of further investigation..."
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