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SHRI BHAGWAN SSVVV MAHARAJ V/S STATE OF AP AIR 1999 SC 2332 Reinvestigation under section 173 (8) can be ordered by the magistrate without affording opportunity of hearing to the accused even after receipt of first report of police. Even after the court has taken cognizance of any offence on the police report first submitted it is open to the police to conduct further investigation there is nothing in section 173 (8) to suggest that the court is obliged to hear the accused before any direction is made.
UNION PUBLIC SERVICE COMMISSION V/S S.PAPAIAH & OTHERS 1997 S C C (CRI) 1112-= F.R. -- magistrate must give notice and opportunity of hearing to the informant before accepting the final report and closing the case. Issuance of notice to the informant by the investigating agency is not a substitute for notice required to be given by the magistrate. Magistrate cannot delegate his function of issuing notice to the investigating agency. Final report submitted by the investigating agency after the reinvestigation of the case. Shortcomings which necessitated the reinvestigation pointed to the investigating agency by the informant, not brought to the notice of the court while resubmitting the final report. Acceptance of the final report and closure of the case by magistrate is bad . Withholding of such a vital information creates a doubt about the fairness of the investigation section 173 (8) -- power of magistrate to direct further investigation after acceptance of final report and closure of the case. Shortcomings which necessitated the very reinvestigation brought to the notice of the magistrate by the informant but the magistrate refused to direct reinvestigation holding that he had no power to review the earlier order. The magistrate failed to exercise jurisdiction vested in him by Law. He was not required to review the order but to order further investigation into the case which he was competent to do under section 173 (8).
PRITHVI SINGH V / S STATE OF M.P. 1996 J. L. J. 274 Section 173 of CR PC does not preclude the filing of a document at a later stage after challan was filed. During the course of trial if the prosecution thinks it necessary to file additional documents or statements of witnesses which may be material. the Subsection 8 does not prevent the prosecution from filing such documents but it is necessary that the copies of such statements and documents be given to the accused so that the defense may not be taken by surprise and may be prepared to contradict or to make use of the same. An omission to file documents with the charge sheet is only an irregularity curable under section 465 CR PC
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Copyright © 2001 rajeev bhatjiwale
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