Superior Police Officer Can Order Further Investigation Before Filing Of Charge-Sheet: Rajasthan High Court
The Rajasthan High Court has made it clear that a superior Police officer has the authority to direct further investigation and permission for conducting further investigation is not required to be obtained from the Court, if the original charge-sheet is not submitted.The bench of Justice Anoop Kumar Dhand however clarified that after submission of the charge-sheet, such order of...
The Rajasthan High Court has made it clear that a superior Police officer has the authority to direct further investigation and permission for conducting further investigation is not required to be obtained from the Court, if the original charge-sheet is not submitted.
The bench of Justice Anoop Kumar Dhand however clarified that after submission of the charge-sheet, such order of conducting further investigation can be passed only by the concerned Court.
The Court was hearing a petition that was filed by an accused person, who was implicated in a case relating to death of woman at her matrimonial house within 7 years of marriage, along with other co-accused.
It was contended by the petitioner that even though the FIR contained his name, in none of the witness statements, his involvement was mentioned. Since his involvement was not provided, instead of filing a report under section 173, CrPC, the SP directed the Additional SP to conduct further investigation.
The petitioner submitted that till date the investigation was pending against the petitioner under Section 173(8) of CrPC, and no charge sheet was submitted against him. Hence, the present quashing petition was filed before the Court.
It was argued that the SP had no authority to pass orders for conducting further investigation and that this power only lied with the concerned courts.
After hearing the contentions, the Court made a reference to Section 36 CrPC which permits any Superior officer of police to take over the investigation either suo motu or on the direction of the superior officer even that of the government.
In this backdrop the Court held that a Superior Officer had the aforementioned authority, and no permission for conducting further investigation was required to be obtained from the court, if the original charge-sheet was not submitted.
In this background, the Court opined that the order passed by the SP in the present matter, directing further investigation on the petitioner, did not suffer from any illegality.
Accordingly, the quashing petition was dismissed for lacking merit.
Title: Taimoor v State of Rajasthan
Citation: 2026 LiveLaw (Raj) 204