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a second chargesheet under section 173(8)

This query is : Resolved 
 

(Querist)
03 October 2009

Can a second chargesheet under section 173(8) make additional persons accused or the further investigation remains only in respect of the already chargesheeted accused whose cognizance has been taken by the court as per the first chargesheet?
Kindly throw light on it with citation of supreme court or high court if possible.
Surata ram


Adinath@Avinash PatilOnline (Expert)
03 October 2009

DEAR SURATA RAM,
FOLLOWING ARE SUM RULINGS WICH WILL HELP YOU -
1]AFTER SUBMISSION OF CHARGE SHEET, NEITHER INFORMANT NOR ACCUSED CAN SEEK FURTHER INVESTIGATION AS A MATTER OF RIGHT FOR PREPARING A PLAN OF SPOT OF INCIDENT.
DAVA SINGH V/S REPUBLIC OF INDIA,
2002 CR.L.J.1754[ORI]
2]POLICE CAN EXERCISE RIGHT OF FURTHER INVESTIGATION.AS OFTEN AS NECCESSARY WHEN FRESH INFORMATION COMES TO LIGHT.BY SEEKING FORMAL PERMISSION TO MAKE FUTHER INVESTIGATION-
STAE OF KERALA V/S ARUMUNG,
2003[1] CRJ 735 [KER]
3] REINVESTIGATION AFTER TAKING OF COGNIZENCE BY MAGISTATE ,BY ISSUING PROCESS AND AFTER APPEARANCE OF ACCUSED IN PURSUANCE AT, NOT PERMISSABLE-
K.M.NATRAJAN V/S SASIDHARAN.
2002 CR.L.J.1672 [KER].

Raj Kumar MakkadOnline (Expert)
03 October 2009

I am fully agreed with Adinath Sir.

Sachin Bhatia (Expert)
03 October 2009

Agreed with Mr. Adinath

Anish goyal (Expert)
03 October 2009

Further investigation need not to confined with the accused already charge sheeted. It is the right of investigation officer to conduct further investigation u/s 173(8) which may disclose the involvement of other persons also.

Sarvesh Kumar Sharma Advocate (Expert)
03 October 2009

Agreed with Mr. Adinath

Sachin Bhatia (Expert)
03 October 2009

Agreed with Mr. Adinath

Ravi Arora (Expert)
04 October 2009

Its not second charge sheet after conducting further investigation u/s 173(8) police can submit supplementary charge sheet. And it is always open to police include some other parson who is not charge sheeted previously.

Sukhija (Expert)
11 October 2009

Agreed with Adinath n Ravi Arora



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