Embedded Files
Criminal Procedure Code, 1973 (2 of 1974), Section 156(1) - Powers of the court to direct investigation at initial stage - (i) Initial investigation, (ii) Further investigation, (iii) Fresh or de novo or reinvestigation - Explained.
Criminal Procedure Code, 1973 (2 of 1974), Section 156(3), 173(8), 227 - Kind of reports that can be filed by an investigating agency under the scheme of the Code - Firstly, the FIR which the investigating agency is required to file before the Magistrate right at the threshold and within the time specified - Secondly, it may file a report in furtherance of a direction issued under Section 156(3) of the Code - Thirdly, it can also file a “further report”, as contemplated under Section 173(8) - Finally, the investigating agency is required to file a “final report” on the basis of which the court shall proceed further to frame the charge and put the accused to trial or discharge him as envisaged by section 227 of the code.
Criminal Procedure Code, 1973 (2 of 1974), Section 173(2) read with Section 173(8), 156(3) - Powers of a Magistrate in terms of Section 173(2) read with Section 173(8) and Section 156(3) of the Code:
1. The Magistrate has no power to direct “reinvestigation” or “fresh investigation” (de novo) in the case initiated on the basis of a police report.
2. A Magistrate has the power to direct “further investigation” after filing of a police report in terms of Section 173(6) of the Code.
3. The view expressed in Sub-para 40.2 above is in conformity with the principle of law stated in Bhagwant Singh case by a three-Judge Bench and thus in conformity with the doctrine of precedent.
4. Neither the scheme of the Code nor any specific provision therein bars exercise of such jurisdiction by the Magistrate. The language of Section 173(2) cannot be construed so restrictively as to deprive the Magistrate of such powers particularly in face of the provisions of Section 156(3) and the language of Section 173(8) itself. In fact, such power would have to be read into the language of Section 173(8).
5. The Code is a procedural document, thus, it must receive a construction which would advance the cause of justice and legislative object sought to be achieved. It does not stand to reason that the legislature provided power of further investigation to the police even after filing a report, but intended to curtail the power of the court to the extent that even where the facts of the case and the ends of justice demand, the court can still not direct the investigating agency to conduct further investigation which it could do on its own.
6. It has been a procedure of propriety that the police has to seek permission of the court to continue “further investigation” and file supplementary charge-sheet. This approach has been approved by this Court in a number of judgments. This as such would support the view that we are taking in the present case.
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