For re investigation

mala (Querist) 29 March 2012 This query is : Resolved
is there any provisions under the law to move the trial court in a case whre the investigation carried out the investigativng agency like cbi under application 173 (8) can you please elaborate this section

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Adv.R.P.Chugh (Expert) 29 March 2012
173(8) deals with subsequent investigation in simple words it says that merely because chargesheet has been filed - the police is not precluded from investigating further and coming up with a subsequent chargesheet/material. No express permission from the court is neeeded with respect to this. However the same is required if the court specifically called for stoppage of investigation.

As regards investigation by CBI - the lower courts are not empowered to order CBI enquiry - Only the High Court and Supreme Court - you can approach HC u/s 482 of CrpC for CBI Investigation - which is granted only in extra-ordinary cases. (Centre for Democractic Reforms, WB v. State - 2010 SC)