when can sec 173(8) be invoked under crpc.
Anil Agrawal (Retired) 05 November 2009
It is an enabling provision to allow the investigating officer to forward to the magistrate further report if it is necessary as a result of further investigation.
Gaurav Arora (Advocate) 05 November 2009
Section 173(8) is a statutory power given to the investigating agency to do further investigation in any case where the investigating officer deems it necessary and the IO may file further report if he further obtains any documentary or oral evidence ....the court cannot interfere with this very statutory power and cannot give any directions to the investigating agency to investigate the case from a particular angle....Investigating agency even can conduct further investiagtion after filing of final report....
Anil Agrawal (Retired) 06 November 2009
How the magistrate comes into the picture? It is in the domain of Investigating Officer.
(8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub-sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2).
so investigating officer has authority of further investigation even after submitting final report under 173(2).
so far as magistrate is concerned there is another provision regarding this not this one
Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:firstname.lastname@example.org) 07 November 2009
173(8) is the power of police officer to submit his investigation even after filing of challan and magistrate has no role in it.