LexPRAMOD KUMAR & ORS. versus STATE OF UTTAR PRADESH ORS.
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[2026] 2 S.C.R. 481 : 2026 INSC 120 Pramod Kumar & Ors. v. State of Uttar Pradesh Ors. (Criminal Appeal No. 687 of 2026) 04 February 2026 [Rajesh Bindal and Vijay Bishnoi,* JJ.] Issue for Consideration Whether after submitting a final report u/s.173(2) of the Code of Criminal Procedure, 1973 (CrPC) (s.193(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)), the police/investigating agency can conduct further investigation u/s.173(8) of CrPC (s.193(9) of BNSS) without obtaining the leave of the Magistrate/ Court concerned. Headnotes† Code of Criminal Procedure, 1973 – s.173(2), s.173(8) – Bharatiya Nagarik Suraksha Sanhita, 2023 – s.193(3), s.193(9) – An FIR was registered against seven accused persons including appellants for the offence punishable u/ss.376D, 352, 504, 506 respectively of the IPC – After completion of the investigation, the Investigating Officer submitted the Final Report (closure report) stating that no offence was made out against the accused persons, including the appellants herein – The Court of First Additional Civil Judge, (J.D.)/Judicial Magistrate after considering the Closure Report, accepted the same – After few years, a complaint was filed before NHRC alleging several deficiencies in the investigation conducted by police officials – The Under Secretary, Government of Uttar Pradesh, forwarded the matter to CBCID directing investigation and recommended further investigation u/s.173(8) of CrPC – The Superintendent of Police, directed IO to make available the special report relating to the further investigation – Notice issued to accused persons – Writ Petition – The High Court, inter-alia, directed continuation of investigation and dismissed the petition – Correctness: Held: In light of the legal position as settled by this Court through the various judgments, it is safe to say that the power to direct * Author 482 [2026] 2 S.C.R. Supreme Court Reports further investigation in a case rests solely at the discretion of the Magistrate/Court concerned – In the event, the police/ investigating agency is of the opinion that further investigation is necessary in any particular case to cull out complete facts and truth in the case, it is binding upon them to file an appropriate application before the Magistrate/Court, without directing an order for further investigation by themselves – Once such an application is filed by the investigating agency, the Magistrate/Court would apply its judicial mind, in light of the facts and circumstances of the particular case and the reasons demonstrated by the investigating agency, in order to exercise its discretion for exercise of its power to decide whether or not further investigation is to be ordered under the purview of s.173(8) of CrPC – Thus, it is amply clear that the Superintendent of Police acted in complete defiance of the procedure laid down under the law while passing orders directing further investigation without seeking leave of the Court – The impugned judgment passed by the High Court is set aside – In addition to that, the communication dated 06.06.2019 and order dated 26.04.2021 passed directing further investigation, are also quashed and set aside. [Paras 33, 36, 38] Case Law Cited Vinay Tyagi v. Irshad Ali alias Deepak and Ors. [2012] 13 SCR 1005 : (2013) 5 SCC 762; Peethambaran v. State of Kerala & Anr. [2023] 4 SCR 1144 : (2024) 16 SCC 65 – relied on. Dharam Pal v. State of Haryana and Ors. [2016] 1 SCR 194 : (2016) 4 SCC 160 – held inapplicable. Bhagwant Singh v. Commr. of Police [1985] 3 SCR 942 : (1985) 2 SCC 537; Vinubhai Haribhai Malviya and Others v. State of Gujarat and Another [2019] SCR 936 : (2019) 17 SCC 1; Devendra Nath Singh v. State of Bihar [2023] 15 SCR 692 : (2023) 1 SCC 48 – referred to. List of Acts Code of Criminal Procedure, 1973; Bharatiya Nagarik Suraksha Sanhita, 2023. List of Keywords Investigation; Further investigation; Investigating agency; Section 173(8) of CrPC; Section 193(9) of BNSS; Final Report; Closure [2026] 2 S.C.R. 483 Pramod Kumar & Ors. v. State of Uttar Pradesh Ors. Report; Discretion of the Magistrate/Court; Superintendent of Police; Direct fresh/de novo/reinvestigation; Transfer of the investigation; Court of law; Judicial mind; Power to direct further investigation; Leave of Court/Magistrate. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 687 of 2026 From the Judgment and Order dated 20.11.2023 of the Hi
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