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by sayum
09 January 2026 9:41 AM
“Once charge is framed, trial must progress—Further investigation cannot be used as a tool for endless inquiry,” In a decisive ruling with far-reaching implications for the conduct of criminal trials, the Bombay High Court quashed a Magistrate’s order that had permitted further investigation at the behest of the complainant after charges had already been framed. Justice S.M. Modak held that the Magistrate’s direction for further probe under Section 173(8) of the CrPC, passed in December 2018, was unsustainable in law and detrimental to the sanctity of trial procedure.
The Court emphasized that “a criminal trial cannot be kept in suspended animation at the instance of a complainant who is dissatisfied with the course of investigation already concluded twice by two agencies.” Holding that the framing of charge signified the conclusion of the investigation phase, the Court ruled that the Magistrate had no jurisdiction to reopen the case merely to accommodate the complainant’s belief that crucial material was overlooked.
“Power to Direct Further Investigation After Charge Exists Only in Exceptional Circumstances—Not As A Routine Remedy For Complainant's Dissatisfaction”
The proceedings emanated from a private complaint involving a high-stakes financial transaction between the complainant's firm, M/s. Presto Export Ltd., and the accused's firm, M/s. Twist Spin Industries, involving over Rs. 8 crore allegedly paid in connection with the proposed acquisition of a defunct textile mill through a state-run corporation. The complainant alleged that an agreement executed in July 2003 was deliberately withheld and that forged documents were used to misrepresent ownership and siphon funds.
Twice, the police and subsequently the Economic Offences Wing (EOW) submitted negative reports stating the matter was civil in nature. The Magistrate, however, rejected the final report and issued process against the accused in 2010. Charges were framed in 2013. Five years later, in 2018, the complainant filed an application seeking further investigation, which the Magistrate allowed.
Justice Modak found this approach fundamentally flawed, remarking that “the learned Magistrate acted more as an investigative supervisor than as a judicial authority bound by procedural limitations.”
“The Complainant May Be Entitled To Justice, But That Does Not Include A Perpetual Right To Reinvestigate A Concluded Matter”
The Court analysed a host of Supreme Court judgments to distill the principles governing further investigation. Referring to the binding precedent in Vinubhai Haribhai Malaviya v. State of Gujarat, Justice Modak noted that “the supervisory jurisdiction of the Magistrate to order further investigation must be exercised before the trial begins, not after charge is framed.”
The Court observed, “In Vinubhai, the Supreme Court explicitly held that once charges are framed, the stage of investigation ends, and any further probe must be closely scrutinized against the backdrop of fair trial principles—not complainant convenience.”
While acknowledging the broader dictum in Rampal Gautam v. State, where the Supreme Court stated that further investigation can be permissible even after trial has begun if it serves the cause of truth and justice, the High Court clarified that such powers are to be exercised only by constitutional courts in rare and exceptional cases.
“The Magistrate’s power is not coextensive with that of a constitutional court. The trial court cannot assume investigative functions unless exceptional circumstances justify such interference,” the Court asserted.
“Merely Claiming Faulty Investigation Does Not Entitle a Party to a Second Round of Prosecution”
The High Court dismissed the complainant's assertion that failure to locate the original agreement warranted reopening of investigation. “The police had already investigated the complaint of missing documents, including the agreement. The file was searched and not found—this cannot become a ground to launch a fresh probe unless new material surfaces,” Justice Modak observed.
Further, the Court held that “Section 173(8) is not a free pass for complainants to revisit the investigation after every stage of the proceeding. It cannot be converted into a mechanism to fill evidentiary gaps once charges are framed.”
The Court also noted that alternative legal mechanisms—such as summoning additional accused under Section 319 CrPC or seeking alteration of charge under Section 216 CrPC—remain available to the complainant during trial, and hence “there is no justification to short-circuit the process by ordering further investigation.”
“Framing of Charge Is a Legal Milestone—Not a Speed Breaker to Keep Trials Indefinitely Open”
In a strong rebuke to the approach adopted by the Magistrate, the Court said:
“The Magistrate cited judgments selectively and misunderstood the legal position on post-charge investigation. There was no new material; the timing of the application showed no urgency or compelling justification. The order lacked sound legal reasoning.”
Justice Modak stressed that “the right to a fair trial belongs equally to the accused as it does to the complainant, and endless reopening of investigation defeats that balance.”
The Court concluded that “a fair investigation is a constitutional imperative, but so is the finality of process. Endless reopening based on dissatisfaction alone will turn the trial into a moving target.”
No Further Investigation — Trial Must Resume From Appropriate Stage
The High Court allowed the application filed by the accused and quashed the Magistrate’s order dated 14 December 2018. The trial court was directed to proceed with the matter from the stage it had reached post framing of charge. Justice Modak affirmed that if, during trial, new material emerges, the complainant is at liberty to take recourse under the appropriate provisions of the CrPC, but until then, “the trial must proceed without judicial procrastination.”
Date of Decision: 24 December 2025
