'Further Investigation' U/S 173(8) CrPC Is Done Only On Basis Of Discovery Of Fresh Material By Investigating Officer: Gauhati High Court
The Gauhati High Court recently said that “further investigation” in terms of Section 173(8) of CrPC can be done only the basis of discovery of fresh material by the Investigating Officer.
It therefore set aside a Magistrate Court order directing an IO to further investigate a criminal misappropriation case against a Junior Manager of APDCL, after a final report was submitted in the case, by holding that the IO did not collect all the materials required for establishing the case.
The single judge bench of Justice Parthivjyoti Saikia observed:
“Whenever, a Final Report is filed by police, the court has to issue a notice to the informant asking for an objection. If the objection is filed, then the court has to examine witnesses under Section 200 of the CrPC. Thereafter, the court has the liberty to take cognizance of the offences which are prima facie available in the said inquiry...So far as the meaning “further investigation” is concerned, if 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), then only direction for further investigation can be passed.”
The Court was dealing with a petition moved by accused for quashing of Magistrate's order. He is accused of misappropriating and embezzling the revenue of APDCL to the tune of Rs. 15,32,574/-. He is booked under Sections 120B, 409, 420 and 201 of IPC.
The police conducted an inquiry and on conclusion of investigation, filed a Final Report for lack of evidence. The informant filed a protest petition following which the Magistrate ordered further probe. This order was set aside by the High Court.
Citation: 2024 LiveLaw (Gau) 69
Case Title: Pranab Kumar Das v. The State of Assam & Anr.
Case No.: Crl.Pet./645/2023