In a Criminal Revision Petition filed in the matter of Sri Indranil Mukherjee v. The State of West Bengal and Anr. Hon’ble Calcutta High Court held that a Magistrate can order further investigation in a case even after a final report is filed by the police under section 173(2) of the Code of Criminal Procedure Code, 1973. This court also opined that there is a difference between re-investigation or de novo investigation and further investigation. Whereas a reinvestigation can only be ordered by higher judiciary i.e. the High Court under Section 482 of the CrPC and Article 226 of the Indian Constitution.
The factual matrix related to this case was that the petitioner filed an FIR against two persons alleging that they have attacked him, following which the police undertook the investigation and filed a final report only against one of the alleged person. The petitioner plead the Magistrate to order further investigation in the matter, which stood declined by the Magistrate. A precedent set by the hon’ble Apex Court in Amrut Bhai Patel v. Suman Bhai Kanti Bhai Patel and Ors was referred by the respondent in pursuance of which the Hon’ble Calcutta High Court observed that the scenario in this case stands different as compared to the one sub judice. In the case of Suman Bhai Patel, a further investigation was plead in the final stage of the hearing, which is not the case in Sri Indranil Mukherjee v. The State of West Bengal and Anr.
Hence, while concluding the bench comprising of Hon’ble Justice Shivkant Prasad held that this power of Magistrate to order further investigation is necessary as in absence of it the Investigation Officer will have wide powers to exclude anybody’s name from the final report at its whims and fancies. But, the court also opined that this power of further investigation has to be used with caution and not to be misused.
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