S. 173(8) Cr.P.C
Issue: Whether a Supplementary Chargesheet (filed under Section 173 (8) of The Code of Criminal Procedure, 1973/Section 193 (9) of Bhartiya Nagarika Suraksha Sanhita, 2023) can have a different conclusion basis no new material i.e. on the basis of the same material filed along with the initial Chargesheet? Can the same be filed if no new material is found?
“22. “Further investigation” is where ..........commonly described as “supplementary report”. “Supplementary report” would be the correct expression as the subsequent investigation is meant and intended to supplement the primary investigation conducted by the empowered police officer. Another significant feature of further investigation is that it does not have the effect of wiping out directly or impliedly the initial investigation conducted by the investigating agency. This is a kind of continuation of the previous investigation. The basis is discovery of fresh evidence and in continuation of the same offence and chain of events relating to the same occurrence incidental thereto. In other words, it has to be understood in complete contradistinction to a “reinvestigation”, “fresh” or “de novo” investigation.”
- Vinay Tyagi v. Irshad Ali, (2013) 5 SCC 762
“16. The investigating officer may exercise his statutory power of further investigation in several situations as, for example, when new facts come to his notice; when certain aspects of the matter had not been considered by him and he found that further investigation is necessary to be carried out from a different angle(s) keeping in view the fact that new or further materials came to his notice. Apart from the aforementioned grounds, the learned Magistrate or the superior courts can direct further investigation, if the investigation is found to be tainted and/or otherwise unfair or is otherwise necessary in the ends of justice. The question, however, is as to whether in a case of this nature a direction for further investigation would be necessary.”
- Kishan Lal v. Dharmendra Bafna, (2009) 7 SCC 685
“10.....it has been held “supplementary charge-sheet submitted by police on basis of material already collected, submission of supplementary charge-sheet not on the basis of fresh evidence but only on reconsideration of evidence already collected at time of earlier submission of charge-sheet is not contemplated under Section 173(8) of the Criminal Procedure Code.”
- Manilal Keshri v. State of Bihar, 2006 SCC OnLine Pat 635
Court 515,
District and Sessions Court,
Dwarka, New Delhi.