Only Investigating Agency Can Move Application For Further Investigation U/S 173(8) CrPC: Allahabad High Court

The Allahabad High Court has the right of further investigation under Section 173(8) CrPC is given to investigating agency and only they can move an application before the magistrate for further investigation. 

The Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma further observed that after the commencement of trial, neither the Magistrate suo motu nor on an application filed by the complainant/informant, can direct further investigation in a case.

"Such a course (direction for further investigation) would be open only on the request of the investigating agency, in circumstances warranting further investigation, on the detection of material evidence only to secure fair investigation and trial," the Bench further added.

The case before the Allahabad High Court

One Ashok Kumar Jain (now dead) filed an FIR against fifteen named accused persons including the petitioner and her husband under Sections 420, 467, 468, 471, 120-B I.P.C.

After a thorough investigation, a charge sheet was filed and the trial court took cognizance and the trial is in progress. However, the petitioner moved the High Court seeing a direction to the investigating agencies to make further investigation u/s 173(8) Cr.P.C in the case.

Court's observations

Perusing her plea, the Court noted that she is an accused in the case and a charge sheet has already been filed. The Court further observed that an accused (petitioner) had sought a direction for further investigation, which otherwise is the right of the investigating agency.

"The investigating agency has not come forward with any prayer for further investigation. The object of this petition is only to delay the pending proceedings...we are of the considered opinion that the right of further investigation under Section 173(8) Cr.P.C. is given to investigating agency, no other one except the investigating agency can think that further investigation is required for decision of the case, they can move application forwarded for further investigation under Section 173(8) Cr.P.C," the Coourt further remarked.

Lastly, the Court stressed that the accused cannot dictate the manner in which the investigation is to be carried out, which is the prerogative of the investigating agency alone.

"The investigating agency has filed a charge-sheet against the petitioner. The court below has taken cognizance and trial is under progress. No sufficient and valid reason exists for directing further investigation, prayed for," the Court observed as it dismissed the plea.

In related news, in March 2022, the Kerala High Court ruled that Section 173 of the Code of Criminal Procedure does not restrict the investigating agency from conducting a further probe into a crime when it is notified of new information.

Similar views have been expressed by the Madras High Court earlier this month wherein it held that an application for further investigation can be made even after the commencement of trial.

Case title - Farha Faiz v. State Of U.P. And 3 Others [CRIMINAL MISC. WRIT PETITION No. - 1430 of 2021]

Case Citation: 2022 LiveLaw (AB) 328

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