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TMI Blog2007 (12) TMI 536X X X X Extracts X X X X X X X X Extracts X X X X ..... the same in order to make unlawful gain, whereupon a First Information Report was lodged. Investigation was carried out upon obtaining permission of the concerned Magistrate. A chargesheet was filed upon completion of the investigation in the Court of III Additional Munsif Magistrate, Tirupati for alleged commission of offence under Sections 199, 200 and 200 of the Indian Penal Code. Subsequently, however, as some allegations had been made against the manner in which the local police conducted the investigation, the Additional Director General of Police, CID entrusted the case for further investigation to the Inspector of Police, CID, Prakasam District on 5.11.1997. Before carrying out the said investigation, the Inspector of Police, CID filed a memo in the said Court with the prayer that the matter be adjourned. Although it does not appear that any express permission was granted for carrying out further investigation, the prayer of adjournment was allowed in terms of the said Memo. Further investigation was carried out whereafter an additional chargesheet was filed against Accused Nos. 1 to 3 in the Court of IV Additional Munsif Magistrate, Chittoor for offences under Sections 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plaint was sent was, without doubt, a police officer superior in rank to an officer in charge of a police station. Sardar Hardayal Singh, Deputy Superintendent of Police, CID, Amritsar, was also an officer superior in rank to an officer in charge of a police station. Both these officers could, therefore, exercise the powers, throughout the local area to which they were appointed, as might be exercised by an officer in charge of a police station within the limits of his police station It was further held: ...If the police officer concerned thought that the case should be investigated by the C.I.D. - even though for a reason which does not appeal to us - it cannot be said that the procedure adopted was illegal.... 8. It is not correct to contend that the investigation was taken up by a different agency. The CID is a part of the investigating authorities of the State. A further investigation was directed by the Additional Director General of Police. Section 36 of the Code of Criminal Procedure, 1972 empowers a police officer, superior in rank to an officer in charge of a police station, to exercise the same powers throughout the local area to which they are appointed, as may be e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry, in the interests of the purity of the administration of criminal justice and in the interests of the comity of the various agencies and institutions entrusted with different stages of such administration, it would ordinarily be desirable that the police should inform the court and seek formal permission to make further investigation when fresh facts come to light. While acknowledging the power of the police authorities to carry out further investigation in terms of Section 173 of the Code of Criminal Procedure, an observation was made therein to the following effect: In our view, notwithstanding that a Magistrate had taken cognizance of the offence upon a police report submitted under Section 173 of the 1898 Code, the right of the police to further investigate was not exhausted and the police could exercise such right as often as necessary when fresh information came to light. Where the police desired to make a further investigation, the police could express their regard and respect for the court by seeking its formal permission to make further investigation. 11. Even in regard to an independent investigation undertaken by the police authorities, it was observed: 22. In o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the Explanatory Note of their notification dated 27-6-1996 (quoted earlier) that the consent was being withdrawn in public interest to order a "reinvestigation" of the case by a special team of State police officers, in the amendatory notification (quoted earlier) it made it clear that they wanted a "further investigation of the case" instead of "reinvestigation of the case". The dictionary meaning of "further" (when used as an adjective) is "additional; more; 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. In drawing this conclusion we have also drawn inspiration from the fact that Sub-section (8) clearly envisages that on completion of further investigation the investigating agency has to forward to the Magistrate a "further" report or reports - and not fresh report or reports - regarding the "further" evidence obtained during such investigation. Once it is accepted - and it has got to be accepted in view of the judgment in Kazi L ..... X X X X Extracts X X X X X X X X Extracts X X X X
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