“Further investigation” u/s 173(8) CrPC shall be conducted only on the basis of discovery of new material by the investigating officer: Gauhati High Court

The Gauhati High Court recently said that “further investigation” within the meaning of Section 173(8) of the CrPC can only be conducted on the basis of discovery of new material by the investigating officer.

Therefore, it set aside a district court order directing an IO to further investigate a case of criminal embezzlement against a junior manager of APDCL after submitting a final report in the case on the ground that the IO was not all for I have collected materials necessary for the determination of the case.

The single judge bench of Justice Parthivjyoti Saikia observed:

“Whenever the police file a final report, the court must send the informant a notice requesting an objection. If objection is filed, the court has to examine witnesses under Section 200 of the CrPC. Thereafter, the Court is at liberty to take cognizance of the offenses prima facie present in the said investigation… As far as the meaning of “further investigation” is concerned, if the investigating officer receives any further oral or documentary evidence after its conclusion If a report within the meaning of Section 173 Paragraph 8 has been submitted to the court, only an instruction for further investigations can be issued.”

The court considered an application by the defendant to revoke the court order. He is accused of misappropriating the revenue of APDCL to the tune of Rs.15,32,574/-. It comes under Sections 120B, 409, 420 and 201 of the IPC.

The police conducted an investigation and, after completing the investigation, filed a final report due to lack of evidence. The informant filed a protest petition, after which the judge ordered further investigation. This decision was overturned by the Supreme Court.

Source: 2024 LiveLaw (Gau) 69

Case Title: Pranab Kumar Das v. State of Assam and Anr.

Case No.: Crl.Pet./645/2023

Click here to read/download the order