The Madras High Court has held that Section 173(8) of Cr.P.C., does not place any fetter on the Police to conduct further investigation after commencement of trial.
The single-judge bench of Justice D. Bharatha Chakravarthy in a Criminal Revision Petition filed under Section 397 r/w 401 CrPC observed:
“The purpose of further investigation is that any person who has wrongly been prosecuted cannot suffer the same and any person, who was actually committed the offence, should not escape punishment”
Brief Facts of the Case
In this case, the petitioner/ complainant filed the case against the respondent/accused, that the accused made false promise to get a job as Assistant Engineer in the TNEB, the accused had obtained
money from the defacto complainant and cheated him.
The investigation was not properly done, proper evidence were not collected. Because of which an application on behalf of the prosecution for conducting further investigation and bringing all these
materials on record was made. The said application was dismissed by the Trial Court
In The Criminal Revision before the High Court the petitioner appealed the court to allow the application filed for further investigation on behalf of the prosecution under Section 173(8) of Cr.P.C., whichwas rejected by the Trial Court.
High Court’s Observation
The Court observed that Section 173(8) of Cr.P.C., does not place any fetter on the Police to conduct further investigation in the case after commencement of trial and whenever they come across any
additional information it is just and necessary that the same be brought to the notice of the Court.
“Bringing out the truth is the primordial purpose of investigation and the present application serves the said purpose. I am of the view that the application filed by the prosecution even after the
commencement of the trial in this case is maintainable and I answered the question accordingly.”
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