LexRAMA CHAUDHARY versus STATE OF BIHAR
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(2009] 5 S.C.R. 482 A RAMA CHAUDHARY v. STATE OF BIHAR (Criminal Appeal No. 619_ of 2009) B APRIL 2, 2009 - [S.B. SINHA AND P. SATHASIVAM, JJ.] Code of Criminal Procedure, 1973: c ss. 173 and 231 - Further investigation - Permissibility of - Held: Further investigation is permissible, however, reinvestigation is prohibited - Carrying on further investigation even after filing of charge-sheet is statutory right of police - It can submit supplementary charge-sheet on basis of fresh D materials at any stage - No prior permission from Magistrate - is required for further investigation - On facts, order of trial court summoning the witnesses named in supplementary charge-sheet not illegal - Under s.231 prosecution entitled to produce any person as witness even though such person .. E is not named in the earlier charge-sheet. 'Further investigation' - Meaning of- Held: Is continuation of the earlier investigation and not fresh investigation or reinvestigation to be started ab initio wiping out earlier investigation altogether. F )L The question which arose for consideration in this ..... appeal was whether the order of High Court that there was no illegality or irregularity in summoning the witnesses named in supplementary charge-sheet was G justified. Dismissing the appeal, the Court HELD:1.1. A mere reading of s.173 (8) Cr.P.C. makes • it clear that irrespective of report under sub-section (2) H 482 .• RAMA CHAUDHARY v. STATE OF BIHAR 483 forwarded to the Magistrate, if the officer in-charge of the A 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 provision also makes it clear that further investigation is permissible, however, reinvestigation is B 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. c [Paras 8 and 9] [488-G-H; 489-A-B] 1.2. From a plain reading of sub-section (2) and sub- section (8) of Section 173, it is evident that even after submission of police report under sub-section (2) on completion of investigation, the police has a right to D "further" investigation under sub-section (8) of Section 173 but not "fresh investigation" or "reinvestigation". The meaning of "further" is additional; more; or supplemental. "Further" investigation, therefore, is the continuation of the earlier investigation and not a fresh investigation or E reinvestigation to be started ab initio wiping out the earlier investigation altogether. Sub-section (8) of Section 173 clearly envisages that on completion of further investigation, the investigating agency has to forward to the Magistrate a "further" report and not fresh report F regarding the "further" evidence obtained during such investigation. [Para 10] [489-C-E] 1.3. The prime consideration for further investigation is to arrive at the truth and do real and substantial justice. G The hands of investigating agency for further investigation should not be tied down on the ground of mere delay. The mere fact that there may be further delay in concluding the trial should not stand in the way of further investigation if that would help the court in arriving H 484 SUPREME COURT REPORTS [2009] 5 S.C.R. A at the truth and do real and substantial as well as effective justice. [Para 11] [489-F-G] 1.4. The order of the trial court summoning the witnesses named in the supplementary charge-sheet B cannot be faulted with. After enquiry and investigation charges were framed on 11.03.2004 and thereafter in the course of trial about 21 witnesses were examined. In the meantime, police submitted supplementary charge-sheet with certain new materials and on the basis of supplementary charge-sheet, the prosecution filed an C application in a pending Sessions trial to the trial court for summoning the persons named in the charge-sheet for their examination as prosecution witnesses. On a careful perusal of the application, the trial court, allowed the same and summoned those witnesses named in the D supplementary charge-sheet. The material collected in further investigation cannot be rejected only because it has been filed at the stage of t
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