Police Officer Can Suo Motu Make Further Investigation In Cognizable Cases, Magistrate's Permission Not Required: Allahabad High Court

The Allahabad High Court recently observed that police have unfettered powers of investigation and such investigation can continue even after the charge sheet has been filed under Section 173 (2) CrPC and cognizance has been taken thereon.

"...A Police Officer can suo motu make further investigations in cognizable cases...No permission of the Magistrate is required for carrying out further investigation...," the bench of Justice Anjani Kumar Mishra and Justice Deepak Verma further held.

The bench observed thus while dealing with a writ plea moved by one Subodh Kumar Jain who prayed for quashing of an FIR registered under Sections 392, 411 I.P.C.

It was his submission that it is a case of robbery wherein he wasn't named as an accused, and initially, four persons were charge-sheeted by the police and on the charge-sheet being filed, cognizance was taken by the Magistrate.

However, thereafter, the police came to the residence of the petitioner in relation to the investigation of this case. Further, the petitioner filed an application whereupon information was called for by the Sessions Judge.

Now, before the Court, the S.H.O. concerned submitted a report stating that the petitioner was wanted in relation to the instant case. Against this backdrop, the Petitioner moved to the High Court with the instant plea.

The argument of counsel for the petitioner was that once a charge sheet had been filed and cognizance was taken, the investigation came to an end. Thereafter, it was not open for the police to carry on the further investigation without the permission of the Magistrate concerned and since no such permission was ever sought, the action of the police amounted to harassment of the petitioner, beyond the authority of law. 

On the other hand, the A.G.A. submitted that there is no requirement of seeking any permission as the police has unfettered powers of investigation and that the investigation can continue even after the charge sheet has been submitted and cognizance thereon had been taken.

Court's observations 

At the outset, the Court noted that for the purpose of further investigation, no permission of the Magistrate concerned is required. In fact, the Court added, on a plain reading of Section 173 of the Code of Criminal Procedure, it becomes clear that nothing precludes further investigation in respect of an offence after a report under Section 173 (2) Cr.P.C. has been forwarded to the Magistrate.

"This law as it stands is that according to the language of Section 173 (8), it is implicit that a Police Officer can suo motu make further investigations in cognizable cases. Otherwise also, under Section 156 (1), he can carry on further investigation and in non cognizable cases, once the order of 156 (1) has been passed by the Magistrate, he cannot do so...The police has unfettered power of investigation and such investigation can continue even after the charge-sheet has been filed under Section 173 (2) Cr.P.C. and cognizance has been taken thereon. No permission of the Magistrate is required for carrying out further investigation even thereafter," the Court observed.

With this, the writ petition was dismissed.

Case title - Subodh Kumar Jain @ Subodh Jain v. State Of U.P And Others [CRIMINAL MISC. WRIT PETITION No. - 6555 of 2021]

Case Citation: 2022 LiveLaw (AB) 198

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