Distinction between further investigation and reinvestigation by police

The reliance is placed on the judgment of this Court in the case of Rama Chaudhary v. State of Bihar MANU/SC/0517/2009 : (2009) 6 SCC 346, the relevant para 17 reads thus:

17. From a plain reading of Sub-section (2) and Sub-section (8) of Section 173, it is evident that even after submission of the police report Under Sub-section (2) on completion of the 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.
(Emphasis supplied)

Equivalent Citation: 2016(1)SCALE200,AIR 2016 SC373

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 15 of 2016 (Arising out of SLP (Crl) No. 975 of 2015)

Decided On: 07.01.2016

Appellants: Awadesh Kumar Jha and Ors.
Vs.
Respondent: The State of Bihar

Hon'ble Judges/Coram:T.S. Thakur, C.J.I. and V. Gopala Gowda, J.

Print Page

MADRAS HIGH COURT: JUDICIAL MAGISTRATE COULD NOT ORDER REINVESTIGATION IN MURDER CASE

The Madras High Court Bench here on Thursday held that a Judicial Magistrate could not permit police to reinvestigate a criminal case after accepting a final report filed by the investigation officer expressing his inability to solve the crime.

A Division Bench comprising Justices A. Selvam and T. Mathivanan passed the ruling while answering a reference made by a single judge of the High Court on a petition filed by former Minister K.K.S.S.R. Ramachandran to quash a murder case booked against him.

According to the petitioner, Irukkankudi police in Sattur taluk of Virudhunagar district had in 2007 registered a case under Section 174 (duty of the police to enquire and report on suicide) of the Code of Criminal Procedure on the basis of the discovery of a body in Pappakudi village.

Since the case could not be solved for over three years, the investigation officer filed a final report before a Judicial Magistrate at Sattur on January 31, 2010, stating that the case could be closed as undetected. And the magistrate too closed the matter after recording the statement.

Print Page