AMRUTBHAI SHAMBHUBHAI .PATEL versus SUMANBHAI KANTIBHAI PATEL & ORS.

Citation: [2017] 4 S.C.R. 105 · Decided: 02-02-2017 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Dismissed
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Judgment (excerpt)

[2017]4 S.C.R. 105 , 
. AMRUTBHAI SHAMBHUBHAI .PATEL _ ,_. 
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... : •• SUMANBHAI KA!'JTIBi-r.AI P~T,EL &o~s. 
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- {CriminalAppealNo.1171of2016) --·-
FEBRUARY02, 20!7 
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[DIPAK MISRA AND AMITAVA ROY, JJ.] ', 
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Code of Criminal Procedure, 1973 - s.ll3(Bj - P~wer,of 
Magistrate to direct ftlrther investigatiOn suo motu 01~ acting oi1 'I he 
request or prayer of the complainantlinforma11t '.after cognizance 
and appearance of the- accused person - Held: Neither the 
Magistrate suo motu nor 0J1 mi application filed by the 'coinJJlainarltl 
informant has power to direct ftirther i11vestigaiio11 · -
Such a course 
i'vould be open only on the request of the inve~:tigating agency and 
that too; in circumstmices \'varranting further investigation on the 
detection of material evidence o_nly to ~·ecure fair_ investigation and 
trial.'... Code of Criminal Procedure, 1898 -'s.113. 
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. Dismissing the appeal, the Court 
iiEiD: 1.1: A plain comparison of Section 173, CrPC, 1973 
and, 18~8. would amply demonstrate that though these.relate to 
the report of a police officer on completion of investigation and 
the ste1>s to ensue pursuant thereto, outlining as well the duties 
_of.the officer in-cliarge of the concerned police station, amongst 
others to communicate, the action taken by him to th~ 1>erson, if 
any, by whom the information relating to the commission of offence 
was first given, it is explicit that the recast provisi.oii of tl1e 1973 
Code did incorporate sub-clause 8 as a significant addition to the 
earlier provision. The Forty-first Report of the Law Commission 
.of India on. the Code of Criminal Procedure, 1898 dealt with the 
aspect of reopening of investigation in the context of the existing 
Section 173 of the Code 1898. [Paras 15, 16] (119-11; 120-A] 
1.2. The Bill to consolidate and amend the law relatil1g to 
criminal procedure followed a'nd was circulated in the Gazette 
of India, Extraordinary, Part II, published on' December 10, 
1970 proposing, the Code of Crimhial Procedure, 1970. The 
Statenlent of Objects and Reasiins 'Clearly disClosed ·that the 
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SUPREME COURT REPORTS · 
[2017]~ S.C.R, 
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recominendati~lis of th~ Commission tooverhaul tlie Cod~ 1898 
as made were )ccepted. and vis-a-vis Section i 73, ~hich 
corresponded to Section 176 ii! the.·· report. tbe, amendment· .. 
pi'opose4 was to facilitate. collectio1i of evide1ice .by the police 
after filing Jhe cl1arge•sheet. and productil)n thereof before ~he 
Court, subject to the. accused being given usual facilities for 
co11ies. The remodelled Section 173 was identical fo form and . 
substance to tlie one, as proposed by the Commission in. chime· · . 
lvit11 its recommendation as contain.ed in the Report. Sub-Clause . 
. (7) of the new Section '173, as proposed by the Comniissiol.1 and ·. 
integrated inthe BHI, however eve11tuaHy appeared as sub,clause · 
C ·. · (8}to the. Section under Code 1973~ · Tlie newly added sub~se.ction · 
(8), as Its text evinces, permits further investigatio1l bf ti1e · ·. 
concerned officer. in~charge of die police sfatio1fin respect· of an' 
·. offence after a report under sub-secti1nl l had. ~een forwarded to 
· the Magistrat(i!nd also to lay before(he Magistrate aJurther ·• 
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report,)n .the form prescribed, whe1:.e. µporfsucb investigat~on, 
ile obtains fiirther evide1Jce, oral or docu1i1e11tary. Jt .is fiirther ' 
orclailled that <in sllbmissio11 of such further report, the • ' 
es,seutialities engraftedin sub-sectious 2 tO 6 would apply also in . 
rClation to all such report or repo1;ts. (Paras 18, 19} [122,C-G] 
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t.3. The integra.tio;1of~ub-section 8 ls axiomatically 
subsequc1it to the 41" Report of the Law Commission Report of 
I.1idia conveying· its reconuneildation that after the submission of· 
· affoal re110rt under Section 173, a competent police officer,i11 . · 
the event of availability Qf evidence b.earii1g on the guilt or · 
innocence oLthe accused ougbtto .he pcrinitted to examine the. 
sanie and submita ·further reporffo the. Magistrate concerned •. 
· Tl1is assiunes significance, having regard to. the language·. 
·. co11sCiously applied to design Section 173(8)in the 1973. Code. 
N~ticeably, though the officer in~charge of a police station, in 
·.categorical terms, bas been empowered thereby to conduct 
further investigation and to lay a s
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