Criminal Procedure Code, 1973
Section 173(8)—Further investigation—Where charge-sheet has been filed by the police under sub-section 2 of Section 173 of CrPC, the police can undertake further investigation in respect of the offence, under sub-section 8 of Section 173 CrPC—Objective for ‘further investigation’ remains to find the truth and bring evidence on record for ensuring substantial justice—However, this right does not extend for mere ‘reinvestigation’ or ‘fresh investigation’ to be started ab initio—If the circumstances deserve for a further investigation, the power of the jurisdictional court to direct the police to conduct further investigation cannot have any inhibition and the same is not ruled out merely because cognizance has been taken by the court—Whether further investigation should or should not be directed is within the discretion of the jurisdictional court which exercises the discretion on the facts of each case, before the trial actually commences by framing of charge—A fair trial is the imperative in dispensation of justice.
[Para 8]
Section 173(8)—Dismissal of application—Writ—Application filed by petitioner for further investigation in FIR registered Section 376 of IPC qua angle of honey trapping and extortion by the prosecutrix—Merely, on the basis of allegation that the prosecutrix may be a member of gang of `honey trapping’ or the second mobile phone used by prosecutrix may contain some evidence of extortion, does not appeal to direct further investigation under Subsection (8) of Section 173 CrPC—No ground made out to direct further investigation as prayed by the petitioner—Petition dismissed.
[Para 9]