Section 173(8) Cr.P.C, = whether fresh investigation should be directed to be caused, it is necessary to understand the distinction between further investigation and fresh investigation. = While Section 173(8) CrPC permits the former, it does not provide for the latter. Investigation can be ordered by the Court in varied forms, and at different stages. Right at the initial stage of receiving the FIR or a complaint, the Court can direct investigation in accordance with the provisions of Section 156(1), in the exercise of its powers under Section 156(3) Cr.P.C. Investigation can be of the following kinds (i) Initial Investigation; (ii) Further Investigation; (iii) Fresh or de novo or re-investigation. (Vinay Tyagi1). There is no provision in the CrPC which, expressly or by necessary implication, bars the right of the police to further investigate, after cognizance of the case has been taken by the Magistrate. Practice, convenience and preponderance of authority, permits repeated investigation on discovery of fresh facts. (State v. Mehar Singh ). Notwithstanding that a Magistrate has taken cognizance of the offence upon a police report submitted under Section 173 Cr.P.C, the right of the police to further investigate is not exhausted. The police can exercise such right as often as necessary when fresh information comes to light. Where they desire to make further investigation, the police can seek the formal permission of the Court to make further investigation.
Section 173(8) Cr.P.C, = whether fresh investigation should be directed to be caused, it is necessary to understand the distinction between further investigation and fresh investigation. = While Section 173(8) CrPC permits the former, it does not provide for the latter. Investigation can be ordered by the Court in varied forms, and at different stages. Right at the initial stage of receiving the FIR or a complaint, the Court can direct investigation in accordance with the provisions of Section 156(1), in the exercise of its powers under Section 156(3) Cr.P.C. Investigation can be of the following kinds (i) Initial Investigation; (ii) Further Investigation; (iii) Fresh or de novo or re-investigation. (Vinay Tyagi1). There is no provision in the CrPC which, expressly or by necessary implication, bars the right of the police to further investigate, after cognizance of the case has been taken by the Magistrate. Practice, convenience and preponderance of authority, permits repeated investigation on discovery of fresh facts. (State v. Mehar Singh ). Notwithstanding that a Magistrate has taken cognizance of the offence upon a police report submitted under Section 173 Cr.P.C, the right of the police to further investigate is not exhausted. The police can exercise such right as often as necessary when fresh information comes to light. Where they desire to make further investigation, the police can seek the formal permission of the Court to make further investigation.