The Allahabad High Court has held that once the court has taken cognizance of an offence, the police cannot further investigate the offence without the permission of the magistrate. The court made it clear that the power of re-investigation is not available with the police including officers of all ranks, right from the investigating officer to the director general of police, as also the state government.
“Besides, the power to re-investigation vests only in High Court or the Supreme Court in exercise of powers under section – 482 (inherent powers of high court) of criminal procedure code or Article 226 (writ jurisdiction) of high court”, the court added.
Hearing a writ petition filed by one Navneet, a division bench comprising Justice JJ Munir and Justice Arun Kumar Singh Deshwal directed the Deputy Commissioner of Police, Central NOIDA, Gautam Budh Nagar district to file counter affidavit (reply) explaining why he thought he could direct further investigation without obtaining leave of the judicial magistrate under section 173 (8) of the criminal procedure code (CrPC).
The court also directed the investigation officer Radha Raman Singh to explain as to how under the garb of further investigation, he could do a re-investigation or investigation de-novo and put in a final report in the matter, where the police earlier had filed a chargesheet, which the high court had approved by order passed in an application moved under section 482 of criminal procedure code.
In the case crime number (408 of 2018), under section 420 (cheating), 120B (conspiracy) and other sections of IPC in police station phase – III, Gautam Budh Nagar district, the police had filed a chargesheet after investigation before the court on July 10, 2018. The judicial magistrate took cognizance on July 18, 2018. Later, the chargesheet and its order of cognizance was also uphold by the high court on March 7, 2024.
Thereafter, the Deputy Commissioner of Police, Gautam Budh Nagar passed an order on April 4, 2024 directing re-investigation in the aforesaid matter.
While directing that no coercive measures will be taken against the petitioner in the matter, the court in its order dated June 7 said, “Once the police have filed the chargesheet, they are not precluded from further investigation of the offence but are limited in their right to submit further report or reports regarding such evidence in the form as may be prescribed. Therefore, after the court takes cognizance of the offence, the police may further investigate the matter but that too with the leave (permission) of the judicial magistrate in view of sub-section – (8) of section 173 of the criminal procedure code”.
