Whether summoning the witnesses named in the supplementary charge-sheet can be allowed

The Hon'ble Supreme held that the material collected in further investigation cannot be rejected only because it has been filed at the stage of trial. The bench comprising Justice S.B.Sinha and Justice P. Sathsivam held in Rama Chaudhary vs State of Bihar on 02,Apr 2009.

The Head Notes are:-

Criminal - IPC, 1860, ss. 364, 34 - Cr.P.C, 1973, ss. 173(2), 173(8) - Whether summoning the witnesses named in the supplementary charge-sheet can be allowed? - Held, even after submission of police report under 173(2) on completion of investigation, the police has a right to further investigation under s. 173(8) but not 'fresh investigation' or 'reinvestigation' - Carrying out further investigation even after filing of the charge-sheet is a statutory right of the Police - Trial Court is fully justified to summon witnesses examined in the course of further investigation - Appeal dismissed.

The 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 details about his release with or without sureties. Among other sub-sections, we are very much concerned about sub-section (8) which reads as under:-
"(8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the
officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the
Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of
sub-sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in
relation to a report forwarded under sub-section (2)."

A mere reading of the above provision makes it clear that irrespective of report under sub-section (2) forwarded to the Magistrate, if the officer in-charge of the police station obtains further evidence, it is incumbent on his part to forward the same to the Magistrate with a further report with regard to such evidence in the form prescribed.

The above said provision also makes it clear that further investigation is permissible, however, reinvestigation is prohibited. The law does not mandate taking of prior permission from the Magistrate for further investigation.

Carrying out a further investigation even after filing of the charge-sheet is a statutory right of the police. Reinvestigation without prior permission is prohibited. On the other hand, further investigation is permissible.

"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.

Further held in the present case that if we consider the above legal principles, the order dated 19.02.2008 of the trial Court summoning the witnesses named in the supplementary charge-sheet cannot be faulted with.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.

The material collected in further investigationcannot 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. that the prosecution is entitled to produce any person as witness even though such person is not named in the earlier charge-sheet.