Section 173(8) crpc
james
(Querist) 09 August 2011
This query is : Resolved
prosecutor filed a petition to conduct further investigation but court dismissed.some witnesses are examined.Now police intimated the court that they conducting further investigation .AIR 2009 SC relied.prosecutor filed application to postpone examination of witnesess.No order passed.Whether any legal bar in conducting further investigation by police when another application was dismissed? is it necessery to postpone the examination of witnesess?
Guest
(Expert) 10 August 2011
It is investigation officer's right to further examine on the facts which are newly discovered. mere dismissal of the further investigation petition is not a bar to conduct further investigation by investigation officer. When sanction is required to investigate offences are only barred. After further investigation the I.O can file charge sheet with respect to his findings. It is magistrate discretion to adjourn or held the trail at this stage.
