Case Note & Summary
The Supreme Court allowed an appeal challenging the High Court's refusal to quash police orders for further investigation in a rape case after a closure report had been accepted by the Magistrate. The Court held that under Section 173(8) of the Code of Criminal Procedure, 1973 (CrPC), the police cannot conduct further investigation without obtaining leave from the Magistrate once a final report under Section 173(2) has been submitted and accepted. The case originated from an FIR in 2013, with a closure report filed in 2014 and accepted in 2015. Despite this, police orders in 2019 and 2021 directed further investigation based on NHRC directions, which the Court found illegal as they bypassed the Magistrate's authority. The Court quashed the impugned orders, emphasizing the mandatory requirement of Magistrate's leave for further investigation under CrPC.
Headnote
The Supreme Court allowed the appeal and quashed the communication dated 06.06.2019 and order dated 26.04.2021, which directed further investigation in a rape case -- The Court held that after a final report under Section 173(2) of the Code of Criminal Procedure, 1973 (CrPC) is submitted and accepted by the Magistrate, the police cannot conduct further investigation under Section 173(8) of CrPC without obtaining leave from the Magistrate -- The factual matrix involved an FIR registered in 2013 for offences under Sections 376D, 352, 504, 506 of the Indian Penal Code, 1860 (IPC) -- After investigation, a closure report was submitted in 2014, which was accepted by the Magistrate in 2015 after notices to the complainant -- Subsequently, the National Human Rights Commission (NHRC) directed a fact-finding enquiry, leading to police orders for further investigation without Magistrate's leave -- The Court emphasized that Section 173(8) of CrPC requires Magistrate's permission for further investigation after final report submission, and the police acted without jurisdiction in this case -- The pending criminal revision petition by the complainant was noted but did not affect the legal issue -- The judgment clarifies the procedural requirements under CrPC for further investigation post-final report
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Issue of Consideration: Whether after submitting a final report under Section 173(2) of the Code of Criminal Procedure, 1973 (CrPC), the police/investigating agency can conduct further investigation under Section 173(8) of CrPC without obtaining the leave of the Magistrate/Court concerned
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Final Decision
The Supreme Court allowed the appeal, quashed the communication dated 06.06.2019 and order dated 26.04.2021, and held that further investigation under Section 173(8) of CrPC cannot be conducted without obtaining leave from the Magistrate after final report submission and acceptance
