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Madras HC:Application for Further Investigation can be filed under Sec.173(8) CrPC even if the Trial has started

Team SoOLEGAL 18 Jul 2022 4:00pm

Madras HC:Application for Further Investigation can be filed under Sec.173(8) CrPC even if the Trial has started

New Delhi: The Madras High Court ruled that Section 173(8) of the Cr.P.C. does not restrict the Police from conducting additional investigations after the commencement of the trial.

In a Criminal Revision Petition filed under Section 397 r/w 401 CrPC, the single-judge bench of Justice D. Bharatha Chakravarthy observed that the purpose of further investigation is to ensure that no one who has been wrongfully prosecuted suffers the same fate and that no one who has committed the offense escapes punishment.

In this case, the petitioner/complainant filed a case against the respondent/accused, alleging that the accused made false promises to obtain a job as an Assistant Engineer with the TNEB and that the accused cheated the defacto complainant out of money.

The investigation was not carried out properly, and proper evidence was not gathered. As a result, the prosecution filed an application to conduct further investigation and bring all of these materials to light. The Trial Court denied the aforementioned application.

In the Criminal Revision before the High Court, the petitioner requested the court to permit the prosecution's application for further investigation under Section 173(8) of the Cr.P.C., which was denied by the Trial Court.

The Court observed that Section 173(8) of the Cr.P.C. does not restrict the Police from conducting further investigation in the case after the commencement of the trial and that whenever they come across any additional details, it is just and necessary that it be brought to the Court's attention.

“Bringing out the truth is the primordial purpose of investigation and the present application serves the said purpose. I am of the view that the application filed by the prosecution even after the commencement of the trial in this case is maintainable and I answered the question accordingly.”



Tagged: Madras High Court   Criminal Revision Petition  
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