TMI Blog2009 (4) TMI 928X X X X Extracts X X X X X X X X Extracts X X X X ..... .02.2008 passed in Sessions Trial No. 63 of 2004 whereby the learned Additional Sessions Judge allowed the application of the prosecution to summon the witnesses named in the supplementary charge-sheet. 3) Brief facts of the case are as follows: a) On the basis of fardebayan of Smt. Champa Devi - wife of Awadh Yadav in Siwan Mofussil Police Station case No. 8 of 2001 was registered against the appellant and others on 13.01.2001 under Section 364/34 of IPC. b) On 08.08.2003, an offence under Section 27 of the Arms Act was also added. The police, after completion of investigation, submitted charge-sheet on 29.08.2003 against the appellant and other five accused under Section 364/34 IPC and Section 27 of the Arms Act. In the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... posted the case to 23.02.2008. Being aggrieved by the said order, the appellant filed Criminal Revision No. 437 of 2003 under Sections 397 and 401 of Cr.P.C. before the High Court. By the impugned judgment and order dated 10.12.2008, the High Court dismissed the said revision. Aggrieved by the same, the appellant filed the above appeal. 4) We heard Mr. U.U. Lalit, learned senior counsel for the appellant and Mrs. Vimla Sinha, learned counsel for the State of Bihar. 5) Mr. U.U. Lalit, learned senior counsel for the appellant, after taking us through relevant materials as well as Section 173(2) and (8) of the Code of Criminal Procedure, 1973 contended that further investigation referred to in sub- clause (8) does not mean re-investig ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Police if examination of such person is necessary for unfolding the prosecution story. 7) Sub-section (1) of Section 173 of Cr.P.C. makes it clear that every investigation shall be completed without unnecessary delay. Sub-section (2) mandates that as soon as the investigation is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government mentioning the name of the parties, nature of information, name of the persons who appear to be acquainted with the circumstances of the case and further particulars such as the name of the offences that have been committed, arrest of the accused and detail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rohibited. On the other hand, further investigation is permissible. 10) From a plain reading of sub-section (2) and sub-section (8) of Section 173, it is evident that even after submission of police report under sub-section (2) on completion of investigation, the police has a right to further investigation under sub-section (8) of Section 173 but not fresh investigation or reinvestigation . The meaning of Further is additional; more; or supplemental. Further investigation, therefore, is the continuation of the earlier investigation and not a fresh investigation or reinvestigation to be started ab initio wiping out the earlier investigation altogether. Sub- section (8) of Section 173 clearly envisages that on completion of furthe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial Court, by order dated 19.02.2008, allowed the same and has summoned those witnesses named in the supplementary charge-sheet. 13) The law does not mandate taking prior permission from the Magistrate for further investigation. It is settled law that carrying out further investigation even after filing of the charge-sheet is a statutory right of the Police. [vide K. Chandrasekhar vs. State of Kerala and Others, (1998) 5 SCC 223.] The material collected in further investigation cannot be rejected only because it has been filed at the stage of trial. The facts and circumstances show that the trial Court is fully justified to summon witnesses examined in the course of further investigation. It is also clear from Section 231 of the Cr.P.C. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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