Code of Criminal Procedure, 1973–Sec. 173(2) & (8) [ Corresponding Sec. 193(3) & (9) of BNSS, 2023]–Whether after submitting a final report u/s. 173(2) (also refer to Sec. 193(3) of BNSS), the police/investigating agency can conduct further investigation u/s. 173(8) [ also refer to Sec. 193(9) of BNSS ] without obtaining the leave of the Magistrate/Court concerned ?–Held, no–Although there is no explicit mandate u/s. 173(8) Cr.P.C. to seek leave of the Court before conducting further investigation, neverthless, over the time, a practice has been developed to seek permission of the Court–Therefore, the practice of seeking the leave of the Court will have to be read into the provisions of Sec. 173(8) of Cr.P.C., and it is essentially a pre-requisite for directing further investigation–Once the application for further investigation is filed by the investigating agency, the Magistrate/Court would apply its judicial mind in light of the facts and circumstances of the particular case and the reasons demonstrated by the investigation agency, in order to exercise its discretion for exercise of its power to decide whether or not further investigation is to be ordered under the purview of Sec. 173(8).
