Power To Conduct Further Investigation Can Be Exercised Only With Leave Of Magistrate: Allahabad HC
The Allahabad High Court observed that the power to conduct further investigation can only be exercised with the leave of the Magistrate and not unilaterally by the police.
The Bench stated that the police cannot do a further investigation under the garb of doing a re-investigation or investigation de novo and put in a final report.
The Court was considering petition challenging further investigation ordered by the Deputy Commissioner of Police (DCP).
A Division Bench of Justice J.J. Munir and Justice Arun Kumar Singh Deshwal observed, “The power to re-investigation is not available with the Police, including officer of all ranks, right from the investigating officer to the Director General of Police, as also the State Government. The power to direct a re-investigation vests only in this Court or the Supreme Court in exercise of powers under Section 482 of the Code or 226 of the Constitution…Prima facie, therefore it appears that the Deputy Commissioner of Police, Central NOIDA, Gautambudh Nagar had jurisdiction to pass an order directing further investigation but that power could be exercised only with the leave of the Magistrate; not unilaterally by the Police.”
Advocate Alok Kumar Yadav represented the petitioner.
The Bench took note of a supplementary affidavit filed in Court for a case involving charges under Sections 420, 406, 467, 468, and 120B of the IPC. A charge sheet was filed in 2018 and the Magistrate took cognizance.
Despite this, the DCP issued an order in 2024 for further investigation. Acting on this order, the Crime Branch conducted what the petitioners allege was a de novo investigation, which lead to a final report that cleared the accused of all charges.
The Court explained that once the Police had filed a charge sheet, they were not precluded from further investigating the offence but were limited in their right to submit further reports or reports regarding evidence. “Therefore, after the Court takes cognizance of an offence, the Police may further investigate the matter but that too with leave of the Magistrate, in view of Sub- Section (8) of Section 173 of the Code,” the Court explained.
The Bench stated that the police could not further investigate an offence without the leave of a Magistrate. “In no event, the Police have a right to a re-investigation of the crime or investigate de novo and put in a final report,” the Court added.
Consequently, the Bench directed the DCP (who passed the order) and the Inspector of the Crime Cell to file their personal affidavits explaining their respective stands in the matter.
“The Deputy Commissioner of Police will explain why he thought he could direct further investigation without obtaining leave of the learned Magistrate under Section 173(8) of the Code and Radha Raman Singh would explain how under the garb of further investigation he could do a re-investigation or investigation de novo and put in a final report in the matter, where the Police earlier had filed a charge sheet, which this Court had approved by our order passed in Application U/S 482 Cr.P.C No.2667 of 2019,” the Court ordered.
Accordingly, the High Court listed the matter for hearing on July 9, 2024.
Cause Title: Navneet v. State of UP & Ors.
Appearance:
Petitioner: Advocates Alok Kumar Yadav, Vikas Chandra Srivastava and Vipul Singh