STATE OF HARYANA Vs. MADAN LAL

JUDGEMENT

(1.) THE State of Haryana has filed this criminal revision against the order dated 9.1.2006 passed by the Additional Sessions Judge, Sirsa, whereby its application for further investigation of the case filed under Section 173(8) Cr.P.C. has been dismissed, while observing as under :-

(2.) I have heard the counsel for the petitioner. In this case, after the investigation the police has submitted the challan against the accused. During the pendency of the trial, the accused made an application to the Chief Minister, Haryana for further investigation stating therein that they have been falsely challaned by the Police in the case due to political pressure. On the basis of the said application, the investigating agency submitted the application for further investigation of the case. In Shyama Charan Dubey v. State of U.P., 1990 Crl.L.J. 456, it was held that sub-section (8) of Section 173 Cr.P.C. is only permissive in character. The sub-section provides that the Investigating Officer or the Officer Incharge of Police Station may undertake a further investigation even after filing of a charge-sheet. If he does so, the further evidence collected by him shall be forwarded to the Magistrate along with a further report. The said power has been given to the investigating agency to undertake further investigation in case they come to the conclusion that the same is necessary in a particular case, but merely on the asking of the accused, in my opinion, the investigating agency cannot seek permission from the Court to further investigate the matter. Therefore, I do not find any illegality in the order dated 9.1.2006 passed by the Additional Sessions Judge, Sirsa. Dismissed. Petition dismissed.