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17. The High Court vide its order dated 11.09.2014 rejected the Crl. O.P. No. 6371 of 2014, holding inter alia as under:

(i) In the year 2013, the CBI came into possession of certain fresh materials warranting the re-opening of the investigation against the accused persons.

(ii) Under 173(8) of the CrPC, a police officer can carry on further investigation even after a report under Section 173(2) of the CrPC is submitted, in view of Section 173(8) of the CrPC and held in Vinay Tyagi v. Irshad Ali alias Deepak and Others reported in (2013) 5 SCC 762, with the only rider being that the police should seek formal permission from the Court.

39. Thus, Section 169 of the CrPC is silent in making report to the Magistrate, however the Investigating Officer is under an obligation to submit its report to the Magistrate under Section 173 of the CrPC. Thus, though Section 169 of the CrPC does not contemplate making a report, it contemplates of obtaining a bond with or without sureties from the accused to appear if and when so required before the Magistrate empowered to take cognizance of the offence on a police report and such report is contemplated under Section 173 of the CrPC. Clauses (d) and (f) of Section 173(2)(i) of the CrPC read as under:

“173(2)(i) xxx xxx

(d) whether any offence appears to have been committed and, if so, by whom;

xxx xxx xxx

(f) whether he has been released on his bond and, if so, whether with or without sureties”.

40. Section 173(8) of the CrPC deals with further investigation and supplementary report. In the Code of Criminal Procedure, 1898 (for short, ‘the Old Code’), there was no identical provision to that of Section 173(8) of the CrPC. The same is a newly added provision in the CrPC. It was added on the recommendation of the Law Commission in its 41st Report that the right of the police to make further investigation should be statutorily affirmed.

Sub section (8) of Section 173 of the CrPC, states that nothing in the section shall be deemed to preclude any further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate.

Thus, even where chargesheet or Challan has been filed by the police under sub section (2) of Section 173 of the CrPC, the police can undertake further investigation in respect of an offence under sub section (8) of Section 173 of the CrPC. (Reference: Article titled “Different Aspects of Section 173(8) of the CrPC” by D. Nageswara Rao, Prl.JCJ, Manthani.) What is the meaning of the term “Further Investigation”?