Once the learned Magistrate takes the cognizance and, considering the materials on record submitted along with the report forwarded by the police Under Section 173(2)(i) of the Code of Criminal Procedure, learned Magistrate in exercise of the powers Under Section 227 of the Code of Criminal Procedure discharges the Accused, thereafter, it will not be open for the Magistrate to suo moto order for further investigation and direct the investigating officer to submit the report. Such an order after discharging the Accused can be said to be made at the post-cognizance stage. There is a distinction and/or difference between the pre-cognizance stage and post-cognizance stage and the powers to be exercised by the Magistrate for further investigation at the pre-cognizance stage and post-cognizance stage. The power to order further investigation which may be available to the Magistrate at the pre-cognizance stage may not be available to the Magistrate at the post-cognizance stage, more particularly, when the Accused is discharged by him. As observed hereinabove, if the Magistrate was not satisfied with the investigation carried out by the investigating officer and the report submitted by the investigating officer Under Section 173(2) (i) of the Code of Criminal Procedure, as observed by this Court in catena of decisions and as observed hereinabove, it was always open/permissible for the Magistrate to direct the investigating agency for further investigation and may postpone even the framing of the charge and/or taking any final decision on the report at that stage. However, once the learned Magistrate, on the basis of the report and the materials placed along with the report, discharges the Accused, we are afraid that thereafter the Magistrate can suo moto order the further investigation by the investigating agency. Once the order of discharge is passed, thereafter the Magistrate has no jurisdiction to suo moto direct the investigating officer for further investigation and submit the report. In such a situation, only two remedies are available: (i) a revision application can be filed against the discharge or (ii) the Court has to wait till the stage of Section 319 of the Code of Criminal Procedure. However, at the same time, considering the provisions of Section 173(8) of the Code of Criminal Procedure, it is always open for the investigating agency to file an application for further investigation and thereafter to submit the fresh report and the Court may, on the application submitted by the investigating agency, permit further investigation and permit the investigating officer to file a fresh report and the same may be considered by the learned Magistrate thereafter in accordance with law. The Magistrate cannot suo moto direct for further investigation Under Section 173(8) of the Code of Criminal Procedure or direct the re-investigation into a case at the post-cognizance stage, more particularly when, in exercise of powers Under Section 227 of the Code of Criminal Procedure, the Magistrate discharges the Accused. However, Section 173(8) of the Code of Criminal Procedure confers power upon the officer-in-charge of the police station to further investigate and submit evidence, oral or documentary, after forwarding the report Under Sub-section (2) of Section 173 of the Code of Criminal Procedure. Therefore, it is always open for the investigating officer to apply for further investigation, even after forwarding the report Under Sub-section (2) of Section 173 and even after the discharge of the Accused. However, the aforesaid shall be at the instance of the investigating officer/police officer-in-charge and the Magistrate has no jurisdiction to suo moto pass an order for further investigation/reinvestigation after he discharges the Accused.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 687 of 2019
Decided On: 16.04.2019
Bikash Ranjan Rout Vs. State
Hon'ble Judges/Coram:
L. Nageswara Rao and M.R. Shah, JJ.
Citation: (2019) 5 SCC 542
This Caselaw is overruled in
This Caselaw is overruled in
