Tag Archives: chargesheet

Initial Investigation, Further Investigation and Reinvestigation

The “initial investigation” is one which the empowered police officer shall conduct in furtherance of registration of an FIR. Such investigation itself can lead to filing of a final report under Section 173(2) of the Code and shall take within its ambit the investigation which the empowered officer shall conduct in furtherance of an order for investigation passed by the court of competent jurisdiction in terms of Section 156(3) of the Criminal Procedure Code.
“Further Investigation” is where the investigating officer obtains further oral or documentary evidence after the final report has been filed before the court in terms of Section 173(8). This is a kind of continuation of the previous investigation. The basis of “further investigation” 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 on complete contradistinction to a “reinvestigation” “fresh” or “denovo” investigation. The scope of further investigation is restricted to the discovery of further oral or documentary evidence. Its purpose is to bring the true facts before the court even if they are discovered at a subsequent stage to the primary investigation. The report submitted in pursuance of further investigation is commonly described as “supplementary report” 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. Udai Bhan Karwariya v. State of U.P., 2015 (89) ACC 805.

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Trial and Inquiry

‘Trial’ means determination of issues adjudging the guilt or the innocence of a person, the person has to be aware of what is the case against him and it is only at the stage of framing of the charges that the court informs him of the same, the ‘trial’ commences only on charges being framed.
Section 2(g) of the Cr.P.C. therefore clearly envisages inquiry before the actual commencement of the trial, and is an act conducted under Cr.P.C. by the Magistrate or the Court. The word ‘inquiry’ is, therefore, not any inquiry relating to investigation of the case by the investigating agency but is an inquiry after the case is brought to the notice of the court on the filing of the charge-sheet. The Court can thereafter proceed to make inquiries and it is for this reason that an inquiry has been given to mean something other than the actual trial.
Even the word “course” occurring in Section 319 Cr.P.C., clearly indicates that the power can be exercised only during the period when the inquiry has been commenced and is going on. It covers the entire wide range of the process of the pre-trial and the trial stage. The word “course” therefore, allows the Court to invoke this power to proceed against any person from the initial stage of the inquiry upto the stage of the conclusion of the trial. The Court does not become functus officio even if cognizance is taken so far as it is looking into the material qua any other person who is not an accused. The word “course” ordinarily conveys a meaning of a continuous progress from one point to the next in time and conveys the idea of a period of time, duration and not a fixed point of time. Hardeep Singh v. State of Punjab, 2014 (85) ACC 313.

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Filed under Criminal Law, Trial and Inquiry