Further Investigation – Powers of

From a plain reading of sub-section (2) and sub-section (8) of Section 173, it is evident that even after submission of Police Report under sub-section (2) on completion of investigation, the police has a right to “further” investigation under sub-section (8) of Section 173 but not “fresh investigation” or “re investigation”. The meaning of “further” is additional; more; or supplemental. “Further” investigation, therefore, is the continuation of the earlier investigation and not a fresh investigation or reinvestigation to be started ab initio wiping out the earlier investigation altogether. Arun Kumar v. State of U.P., 2016 (95) ACC 823.

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