Further investigation under Section 173(8) CrPC must be by the same agency

Kerala High Court Quashes Further Investigation by Crime Branch in Anish Anand Case Court Upholds That Further Investigation Must Be Conducted by Original Investigating Agency

In a significant judgment, the Kerala High Court has set aside further investigation reports submitted by the Crime Branch in the case involving Anish Anand. The court ruled that the further investigation conducted by a different agency without the authorization of the Chief Judicial Magistrate was unsustainable. The judgment reaffirms the principle that further investigations under Section 173(8) of the Criminal Procedure Code must be conducted by the same agency that carried out the original investigation.

The case against Anish Anand involves allegations of cheating and outraging the modesty of a woman, with charges under Sections 420 and 354A of the Indian Penal Code, along with Section 119(a) of the Kerala Police Act. Initially investigated by the Pathanamthitta police, the case took a turn when the defacto complainant alleged that the accused also committed an offence under Section 376 IPC and sought further investigation.

Despite the Chief Judicial Magistrate's dismissal of the complainant's application for further investigation, the Crime Branch was instructed to conduct an additional probe by the Superintendent of Police. This led to the submission of further reports, which the petitioner, Anish Anand, challenged in court.

Relying on Supreme Court precedents, including the case of Peethambaran v. State of Kerala, the High Court underscored that further investigation should be conducted by the original investigating officer, unless directed otherwise by superior courts. The court also emphasized that a Magistrate cannot order such investigation on their own or based on a complainant's application once the charges are framed.

The judgment has significant implications for the conduct of criminal investigations, reinforcing the statutory provisions that aim to ensure continuity and consistency in the investigation process.

The court directed the Chief Judicial Magistrate, Pathanamthitta, to proceed with the trial of C.C. No. 28 of 2015, disregarding the unsustainable reports by the Crime Branch.

Bottom Line:

Further investigation under Section 173(8) CrPC must be conducted by the same agency that conducted the original investigation and submitted the report, and not by a different agency.

Statutory provision(s): Section 173(8) of the Criminal Procedure Code, Sections 420 and 354A of the Indian Penal Code, Section 119(a) of the Kerala Police Act

Anish Anand v. State of Kerala, (Kerala) : Law Finder Doc Id # 2815421