HC: None other than Investigating Agency can move Application under Sec.173(8)CrPC, Read Judgment

The Allahabad High Court has held that the right of further investigation under Section 173(8) Cr.P.C. is given to investigating agency only and no other except them can file application for the same with the Magistrate.

The Division Bench comprising Justice Anjani Kumar Mishra and Justice Deepak Verma was adjudicating upon a writ seeking directions to investigating agencies to make further investigation u/s 173(8) Cr.P.C.

An FIR was lodged against fifteen named accused persons including the petitioner who is a practising advocate in Supreme Court and her husband and a case was consequently registered under under Sections 420, 467, 468, 471, 120-B I.P.C.

Petitioner argued that the allegations made in the FIR are totally false, frivolous and bogus in nature

On the other hand, learned AGA in his counter affidavit submitted that after thorough investigation, charge-sheet has already been filed and learned trial court had taken cognizance and trial is on progress.

The Court noted that the right further is in the hands of the investigating agency and only they can come forward with any prayer for further investigation. The object of this petition is only to delay the pending proceedings, the Court noted.

It further opined:

"The right of further investigation under Section 173(8) Cr.P.C. is given to investigating agency, no other one except the investigating agency can thinks that further investigation is required for decision of the case, they can move application forwarded for further investigation under Section 173(8) Cr.P.C."

The Court denied that upon commencement of trial, either the Magistrate suo-moto or the complainant/ infromant on a application put 'further investigation' inot motion.

"Since the trial is under progress, at this stage, neither the learned Magistrate suo motu nor on an application filed by the complainant/informant, can direct further investigation. Such a course would be open only on the request of the investigating agency, in circumstances warranting further investigation, on the detection of material evidence only to secure fair investigation and trial."

Read Order @LatestLaws.com:

Picture Source :