Mandatory To Place Report Of Further Investigation Carried Out U/S 173 (8) CrPC Before Magistrate: Chhattisgarh High Court

The Chhattisgarh High Court has observed that in cases where a further investigation has been carried out then irrespective of its outcome, such further investigation report is required to be placed before the Court of Magistrate.

The Bench of Justice Goutam Bhaduri observed thus while relying upon the ruling of Supreme Court recent ruling in the case of Luckose Zachariah @ Zak Nedumchira Luke and Ors. Vs. Joseph Joseph and Ors 2022 LiveLaw (SC) 230.

In Luckose case (supra), the Supreme Court had held that in the event of a further investigation, the report of such investigation has to be forwarded to the Magistrate. In the said judgment, it was also noted by the court that the supplementary/further report would have to be dealt with "as part of the primary report" in view of Section 173 (3) to (6).

Read more about the case here: Section 173 CrPC - Magistrate Should Consider Initial Report & Supplementary Report Conjointly To Decide Whether To Proceed Against Accused : Supreme Court

The case before the Court

A charge sheet was filed against the petitioner under Sections 498-A, 323, 377/34, 406 and 506B of the Indian Penal Code on a complaint filed by the complainant. While the proceeding was pending before the trial Court, an application was filed by the Public Prosecutor under Section 173(8) Cr.P.C. with a prayer to direct further investigation for proving the offence under Section 406 of the IPC.

The Magistrate allowed such application and directed further investigation of the matter. Now, the grievance of the petitioner was that till date the further investigation which was carried out under Section 173 (8) Cr.P.C. was not produced before the Court.

It is contended on behalf of the petitioner that the outcome of investigation would be necessary in order to meet out the case by the petitioner and it cannot be concealed. On the other hand, the state argued that it would be the prerogative of the State to file report of further investigation or not.

Court's observations

In view of Supreme Court's rulings in the case of Luckose case (supra), Vinay Tyagi Vs. Irshad Ali alias Deepak and Others (2013) 5 SCC 762 and Joshinder Yadav Vs. State of Bihar (2014) 4 SCC 42, the Court remarked thus:

"If certain further investigation is carried out, irrespective of its result whether it supports the accused or the prosecution to demonstrate the fact of fair trial the police is required to place the same before the Magistrate. It cannot be stated that for time immemorial that can be withheld...In the case at hand, if the further investigation is carried out irrespective of its outcome the investigation report is required to be placed before the Court of Magistrate."

Consequently, the police was directed to submit a report of further investigation, which was directed by the Judicial Magistrate First Class vide its order dated 16-12-2016 within a period of thirty days from the date of receipt of copy of the order.

Case title - Mirza Dawood Baig v. State Of Chhattisgarh and others

Case Citation: 2022 LiveLaw (Chh) 27

Click Here To Read/Download Order