ohmshivam (MD) 30 January 2011

Power of Police officer to further investigation?

I was director of the co. op. bank and in 2002 i found fraud in the bank and i made a complain of said fraud in 2002. in the police. After three years in 2005 in the pressure of big people police had converted me as an accuse from complainent for delayed payment of my loan which i had already fully paid in 2003 and bank had also issued no due certificate in 2003 for same. This way police has ignored all facts that loan had been already paid up in 2003 and arresting me for that in 2005 for its delayed payment.

Charge sheet done agaist me in 2006, But charge frame not done yet. I have applied for discharge also. Case is open with poice.

Meanwhile Honest police officer realized this un justice to me and he want to order further investigation to find my above real fact.. Can Police Officer order further or reinvestigation even poice had done chargsheet agaist me at the court?

In One word my question is: Can police officer order further or reinvesting even after the charge sheet done in the interest of justice? or he has remain no power to do same after charge sheet filed in the court.

Pl. reply urgently in the interest of justice. Your true adviice may reverse the big story of un justice.

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7 Replies

Jatin Sapra 9312223345,Delhi (Advocate) 30 January 2011

Hello,

police can not reinvestgate matter after filing chargesheet.

But you can move an application of discharge and you can argue on charges.

Shailendra prasad singh (Lawyer) 30 January 2011

After taking cognizance police can not made any application for further investigation. I suggest u be please file a quashing against cognizance order and raise all facts therein.

Raghavendra K. Hegde (Detective Inspector) 31 January 2011

I disagree with the above view. Section 173(8) clearly states about the power of Police to further investigate a case even though Final Report aka Charge Sheet has been place before the Hon'ble Court.

Shailendra prasad singh (Lawyer) 31 January 2011

Yes u r right hegde sir, but after one submission, when fresh facts come on light the police should inform the court and seek formal permission to make further investigation and secondly the accused need not be heard.

Raghavendra K. Hegde (Detective Inspector) 04 February 2011

Dear Shailendra, the case can be got transferred to any other agnecy such as CID or CBI and can be further investigated to find out the truthfulness of local police investigation even if fresh facts do not come to light. The quashing of the case/discharging of the case is very time consuming and the accused will be harassed. Instead, during the course of investigation by a third agnecy, the police if have done any mischief, can get what they deserve.

Samir Jha (Advocate) 04 February 2011

Police has the power to further investigate the matter and file a supplementary chargesheet under Section 173(8) but the same can be done only after filing charge sheet under 173(2).

For your refernce Mr. Shivam, i am reproducing the text of section 173(8) Cr.p.c

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 section (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)

adv.t.p.ramesh (additional public prosecutor) 06 February 2011

after filing a final report ,u/s173(8) police can file a futher report,hence that cannot be prejudice the right of accussed.the accused should have a chance refute the same.