Asha Vs State Of Kerala (Kerala High Court)
Kerala High Court held that failure of investigating officer to seek permission before conducting further investigation cannot be the reason to held supplementary/additional final report invalid.
Facts- The petitioner is the 6th accused in the case, where he alleged to have committed offences punishable u/s 447, 323, 341, 324, 325, 326, 307 read with 34 of Indian Penal Code. Notably, at the time of registering FIR, the petitioner was not arrayed as an accused. Originally accused Nos. 1 to 5 were alleged to have committed the above offences. However, further investigation was conducted without obtaining permission from the court and additional report also was filed. After the further investigation, the petitioner also got incorporated as the 6th accused.
Therefore, it is contested that inclusion of the petitioner as an additional accused is without any basis and the supplementary final report filed by incorporating the petitioner as the 6th accused, pursuant to further investigation, without the permission of the court is non-est and the same is liable to be interfered.
Conclusion- Held that as per Section 173(8) of Cr.P.C, further investigation can be done by the Investigating Officer on getting further evidence, oral and documentary. Proviso to Section 193(9) of BNSS stipulates that further investigation during the trial may be conducted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may be extended with the permission of the Court. Thus obtaining formal permission to conduct further investigation is recognized in law and the same has to be opted invariably as a matter of practice, when an Investigating Officer fails to seek permission before conducting further investigation, the further investigation and the report thereof could not be held as non-est for the said reason alone. Therefore, the said supplementary/additional final report is legally sustainable.
