Hearing of accused

james (Querist) 17 August 2011 This query is : Resolved
during the trial,police is conducting further investigation.Intimation given to the court.Accused filed objections on the intimation and wants to hear on the report.Is it permissible or legally entitled? support your answer with rulings

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Guest (Expert) 17 August 2011
is it L L B question? are you giving degree. ask proper

Jainodin shaikh (Expert) 17 August 2011
if the TRIAL is going on then accused can object to further investigation because accused has constitutional right to speedy trial.
But still police can conduct further investigation without obtaining any order from the magistrate. in this situation magistrate is required to refrain hinself from procding further till the supplimentory challan is filed.
Just read sec. 173 of Cr.P.C.

Raj Kumar Makkad (Expert) 17 August 2011
The job of police ends on filing challan under section 173 Cr. PC so without informing trial court, police cannot conduct further investigation in that case. Though acused can object at any stage but definitely police can re-investigate or may further investigate even under section 173 (8) Cr. P.C.

N RAMESH. (Expert) 18 August 2011
K. Chandrasekhar vs. State of Kerala and Others. (1998) 5 SCC 223.
" The law does not mandate taking prior permission from the Magistrate for further investigation. It is
settled law that carrying out further investigation even after filing of the charge-sheet is a statutory right of the
police."

Also Refer:
AIR 2009 SC 2307
State of Rajasthan Vs Ashfaq Ahmed

Ravikant Soni (Expert) 18 August 2011
I ll go with N Ramesh.

No matter police has filed chargesheet. Still police's power of further investigation has not come to be ceased.

Ravikant Soni (Expert) 18 August 2011
But James asking for right to hear at the process of investigation.

Nowhere contemplated the due process and manner of investigations in any law. Only confered to the police is the rights to collect evidence of offence against an accused. But where Police is not conducting fair investigation it may be challenged before HIGH COURT under 482 CrPC.

prabhakar singh (Expert) 18 August 2011
i too agree with N RAMESH,the intimation is in its nature may at best be called a pro to call as police needs no permission to investigate further.

james (Querist) 18 August 2011
Mr.,Ganesh
After framing charges witnesses were examined.But before closure prosecution evidence ,police wants to conduct further investigation and filed a report before the court stating that a further investigation under 173(8) crpc is started.
Accused opposed the report and wants a detailed hearing.Prosecution submitted that accused need not be heard on this matter as permission from court is not necessary to conduct further investigation.Now he question is Whether the stand of prosecution is correct or not?

kuldeep kumar (Expert) 19 August 2011
ur question mr james i thinks is..after framing of charges and before closure of prosecution evidence..question is when accused can object to investigation..i think prosecution evidence is not finished and police can upload more datas

girish shringi (Expert) 19 August 2011
Once if investigation is continue,the accused has right to submitt his defensive side.

james (Querist) 20 August 2011
1999 AIR (SC)2232 the apex court held that the court is not obliged to hear the accused .

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