Further Probe Under S.173(8) CrPC Permissible Only By Agency Which Conducted Original Investigation: Kerala High Court

The Kerala High Court has reaffirmed that further investigation under Section 173 (8) CrPC must be conducted by the same agency that has conducted the original investigation and not a different agency.Justice C Pratheep Kumar was delivering the judgment in a writ petition filed by the accused in pending before the Chief Judicial Magistrate, Pathanamthitta.The petitioner, accused of offences under Sections 420 (Cheating and Dishonestly Inducing Delivery of Property) and 354A (Sexual Harassment and Punishment for Sexual Harassment) of the IPC and Section 119(a) of the Kerala Police Act, was originally investigated by the Station House Officer (SHO), Pathanamthitta. After the filing of the final report, the de facto complainant sought further investigation on the allegation that an offence under Section 376 (Punishment for Rape) IPC had also been committed.The Chief Judicial Magistrate dismissed the complainant's application. She then approached the Superintendent of Police, who unilaterally transferred further investigation to the Deputy Superintendent of Police, Crime Branch. The Crime Branch subsequently submitted two reports dated 29 May 2017 and 29 June 2017.The accused challenged these reports on the ground that such further investigation was illegal without the permission of the Magistrate and since it was carried out by a different agency.The Public Prosecutor submitted that under Section 173 (8) CrPC the Investigating Agency has the power to conduct further investigation and it cannot be curtailed since it is a statutory right. The Counsel for the petitioner relied on Peethambaran v State of Kerala & Anr [2023 SC 466], and submitted that the further investigation must be conducted by the same agency which conducted the original investigation. The Court examined the different aspects that need to be considered in further investigation of a case. It observed that in Atul Rao v State of Karnataka and Anr [2017 (2) KLD 529 (SC)], the Supreme Court has held that once charges are framed and the Court has taken cognizance of the offence, further investigation cannot be ordered by the Magistrate suo motu, or an application filed by the complainant. It further observed that fresh investigation or re-investigation or investigation by a different agency can be directed only by superior and not by the Magistrate by relying on the decision in Chandra Babu Alias Moses v State through Inspector of Police and Others [(2015) 8 SCC 774]The Court thus concluded that further investigation should be conducted by the same agency which conducted the earlier investigation and not by a different agency. The Court thus allowed the writ petition and set aside the reports submitted by the crime branch. The Chief Judicial Magistrate was directed to proceed with the trial of C.C. No. 28 of 2015, ignoring the impugned reports.Case Title: Anish Anand v State of Kerala and OrsCase No: WP(C) 23943/ 2017Citation 2025 LiveLaw (Ker) 788Counsel for Petitioner: V Sethunath, V R ManoranjanCounsel for Respondents: T K Hassan, K Paul Kuriakose, T A Rafeek, A Vipin Narayan (SR. GP)Click Here To Read/ Download Judgment

Further Probe Under S.173(8) CrPC Permissible Only By Agency Which Conducted Original Investigation: Kerala High Court

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Further Probe Under S.173(8) CrPC Permissible Only By Agency Which Conducted Original Investigation: Kerala High Court

Anamika MJ

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