Further Investigation Archives

S. 173(8) CrPC | ‘Frivolous & vexatious proceedings be met with due sanctions’; SC quashes further investigation order in decade-old murder case

‘Even if the parties involved in a case themselves, with no valid justification attempt to delay the proceedings, the Courts need to be vigilant and nip any such attempt in the bud instantly. Pleadings with outrageous & ex facie unbelievable averments being made; Frivolous & vexatious proceedings be met with due sanctions to dissuade parties from resorting to such tactics.’

Case Briefs High Courts

“Any further investigation after filling of Police Report requires trial court’s permission under Section 193(9) of BNSS”: Rajasthan High Court

The Court noted that since the petitioner was not found to be involved in any offence, his plea for quashing the FIR no longer required adjudication.

Op Eds OP. ED.

Wadhawan Brothers case: A Leeway to Investigating Agencies to File Charge-Sheets Without Completion of Investigation to Dilute Safeguard of Default Bail

by Arpit Goel†

Case Briefs High Courts

‘Mere allegation that prosecutrix may be a member of gang of honey trapping, not sufficient to direct further investigation u/s 173(8) CrPC’; Delhi HC imposes Rs 20,000 costs

“The objective for ‘further investigation’ is to find the truth and bring evidence on record for ensuring substantial justice. However, this right does not extend to mere ‘reinvestigation’ or ‘fresh investigation’ to be started ab initio.”

Case Briefs High Courts

SFIO not barred from investigating offences under IPC and conducting ‘further investigation’ after filing of investigation report: Delhi High Court

“If power is given to the Special Court under Section 436(2) of the Companies Act, 2013 (‘the Act’) to try offences other than those under the Act, then SFIO’s power to investigate into such offences cannot be restricted.”

Case Briefs Supreme Court

Further Investigation permissible even after the final report laid before the Magistrate has been accepted: Supreme Court

The Supreme Court made clear that further investigation cannot be put at par with prosecution and punishment and hence, the principle of double jeopardy would not apply.

Case Briefs High Courts

Ker HC | Further investigation ordered as prior investigation not proper by IO

Kerala High Court: A Bench comprising of K. Abraham Mathew, J. allowed further investigation to the petitioner as the prior investigation was