The Chhattisgarh High Court recently ruled that in cases where further
investigation was carried out irrespective of the outcome then the further
investigation report should be mandatorily placed before the Magistrate Court.
The Bench of Justice Goutam cited the Apex Court’s ruling in Luckose
Zachariah and Ors vs. Joseph and Ors wherein it was ruled if further
investigation is done in the case then the further investigation report
should be forwarded to the Magistrate.
A charge sheet was filed against the petitioner u.s 498A, 377/34, 323, 506B, 506 of IPC.
During the pendency of the trial, the public prosecutor filed an application u.s 173(8) of CrPC along with the prayer seeking further investigation in order to prove the offence u.s 406 of IPC.
The said application was allowed and the trial court directed a further investigation into the case.
Before the High Court, the petitioner submitted that to date the report of the further investigation was not filed in the court. It was further contended that the report of further investigation can’t be concealed.
After hearing the submissions, the High Court cited Vijay Tyagi vs. Irshad Ali & Ors and on the Luckose judgment to rule that if further investigation is carried out then its report cannot be concealed and it should be placed before the Magistrate.
Accordingly, the court directed the police to submit the further investigation report before the Magistrate within thirty days.
Title: Mirza Dawood Baig vs State of Chatisgarh
Case No.: CRMP No.: 1116/2021
