Section 173(8) Scope after conclusion of Trial

Querist : Anonymous (Querist) 29 December 2009 This query is : Resolved
Can a Police officer reopens a case after conclusion of Trial basing upon a remark in the Trial Courts Judgement. If yes please give me the Citations.

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Raj Kumar Makkad (Expert) 30 December 2009
No. After conclusion of trial, no police officer has any say in the case unless directed by competent court to re-investigate the matter.

bhupender sharma (Expert) 30 December 2009
its not a matter of right of the prosecution that at the stage of final arguments the prosecution be given the opportunity to fillup the lacuna in the case and under the garb of 173(8) they cannot reinvestigate the matter unless and untill there are suspicious circumstances arising out on the part of the investigation officer and the court direct the investigation but that should not be beyond the final report submitted under section 173(2) it would be supplimental to the main chargesheet. .

Ajay Bansal (Expert) 30 December 2009
I AGREE WITH BHUPENDER SHARMA.

N.K.Assumi (Expert) 31 December 2009
The question of Anonymous is reopening of the case by the Police based on certain remarks made by the judge in the judgement that is after conclusion of the trial. Section 173 (2) and (8) operates during the continuance of the trial and not after the conclusion of the trial.In this circumstances I am of the view that the Investigating Police officer can only instruct the Prosecutor to appeal for De Novo trial.

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