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Further Investigation under Sec.173/8


12-Sep-2023 (In Criminal Law)
I have filed a FIR case under sections 406, 409, 420, 465 & 477A with fool proof evidence on the orders of CMM Court under sec. 156/3. Police filed a biased charge sheet making 5 out of 6 accused persons witnesses against themselves in the Crime. The investigation was incomplete and it was shoddy as the matters of the Complaint were not touched at all suppressing the evidences collected and available with them. No arrests were done. 2 who were reported arrest was granted anticipatory bail with the help of Police themselves. (I suspect Police is influenced) I have filed a protest Petition and the Magistrate forwarded the Petition with an order to Police to file their reply. I find Sec.173/8 is in force where it is mandatory for the Police to further investigate the case and file further charge sheet where they are given those evidences. Please confirm that there is no need of any Court order for Police to conduct further investigation as Sec173/8 is an order in itself by the Statute.
Answers (2)

Answer #1
579 votes
Understood your situation. Apparently, the police machinery has helped the accused persons and therefore it is not worth to expect any fruitful investigation by it in your case. Though investigation is still open under sec 173 but for that you will have to seek other remedies by approaching high court...
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Answer #2
889 votes
There is no need to take the permission of the court for further investigate of the matter under 173(8) of crpc however when the police is biased why would they further investigate the matter and file an additional/supplementary chargesheet. in this case it is better you file an application for further investigation. secondly protest petition are filed in cases where the police has filed a closure report along with the charge sheet under sec. 169 code of criminal procedure
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