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by Admin
07 May 2024 2:49 AM
On 28 April 2023 , In a significant ruling, the Supreme Court, in case STATE THROUGH CENTRAL BUREAU OF INVESTIGATION Vs HEMENDHRA REDDY & ANOTHER. ETC., has settled the law on the permissibility of further investigation even after the acceptance of a final report under Section 173(2) of the Code of Criminal Procedure, 1973 (CrPC). The apex court clarified that there is no bar against conducting further investigation under Section 173(8) of the CrPC, and prior review or quashing of the order accepting the final report is not necessary. The judgment was delivered by a two-judge bench comprising Justice Surya Kant and Justice J.B. Pardiwala.
The case involved an application for further investigation filed by the Central Bureau of Investigation (CBI) in a matter relating to the Prevention of Corruption Act, 1988. The accused persons contended that after the acceptance of the final report by the magistrate, further investigation could not be carried out. The High Court had taken a contrary view in a previous judgment, leading to conflicting opinions on the matter.
The Supreme Court's judgment brings clarity to the legal position on the permissibility of further investigation after the acceptance of a final report. The ruling empowers investigating agencies to continue the investigation if fresh materials come to light, even after the magistrate has taken cognizance of the offense. The decision upholds the principle of fair investigation and ensures that the truth is uncovered during the trial process. However, it is essential to balance the right to a speedy trial with the need for a fair investigation, taking into account the potential delay caused by further investigation.
28 April 2023
STATE THROUGH CENTRAL BUREAU OF INVESTIGATION Vs HEMENDHRA REDDY & ANOTHER. ETC.