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The communicative truthful far: The Supreme Court precocious successful Paliniswamy Veeraraja & Ors. v The State of Karnataka & Anr. reiterated that the investigating authorities were required to get support from the Magistrate to initiate further probe aft filing the closure report. In this case, the Court quashed the First Information Report (FIR) and consequent charge-sheet noting that specified support had not been obtained.
Although an exertion seeking further probe had been filed earlier the acrophobic magistrate for a 3rd time, nary bid granting support was placed connected record, the Court said. The investigating bureau had earlier filed closure reports twice, stating that the quality appeared to beryllium wholly civilian successful nature. The Court besides relied connected the principles laid down successful State of Haryana v. Bhajan Lal (1992), holding that the civilian quality of the quality was an further crushed for quashing the FIR and consequent proceedings.
What does the statute accidental connected further probe aft filing a closure report/ charge-sheet with the Magistrate?
Sub-section (8) of Section 173 of the Criminal Procedure Code (CrPC) provides for further probe aft sending a study to the magistrate connected completing investigation. It says that ‘further probe successful respect of an offence aft a study nether sub-section (2) had been forwarded to the Magistrate and, wherever upon specified investigation, the serviceman in-charge of the constabulary presumption obtains further evidence, oral oregon documentary, helium shall guardant to the Magistrate a further study oregon reports regarding specified grounds successful the signifier prescribed …’. The sub-section (2) of Section 173 CrPC provides for forwarding a study to the magistrate aft completing probe successful the prescribed form.
In different words, Section 173(8) CrPC says that successful lawsuit the in-charge of a constabulary presumption finds immoderate further grounds aft sending last study to the magistrate, helium whitethorn nonstop supplementary study to the magistrate. It is soundless connected obtaining support from a magistrate for filing supplementary study nether sub-section (8). Section 193(9) of the BNSS is pari materia (dealing with the aforesaid taxable matter) to Section 173(8) of the CrPC.
What has been held by the Supreme Court with respect to further probe aft filing a last report?
The Supreme Court successful Vinay Tyagi versus Irshad Ali (2013) held that “though determination is nary circumstantial request successful the provisions of Section 173(8) of the Code to behaviour further probe oregon record supplementary study with the permission of the court, the investigating agencies person not lone understood but besides adopted it arsenic a ineligible signifier to question support of the courts to behaviour further probe and record supplementary study with the permission of the court”.
The Court held that the request of seeking anterior permission of the tribunal to behaviour further probe volition person to work into, and is indispensable accusation of the provisions of Section 173(8) of the Code. The doctrine of contemporanea expositio volition afloat travel to the assistance of specified an mentation arsenic the matters which are understood and implemented for a agelong time, and specified signifier that is supported by the instrumentality should beryllium accepted arsenic portion of the interpretative process, the Court held. This proposition has been approved by the Supreme Court successful consequent cases also.
While the recently added proviso to Section 193(9) of the BNSS (which is pari materia to Section 173(8) of the CrPC) mandates that the support of the tribunal is indispensable if the proceedings has begun, the Supreme Court, successful Rama Chaudhary v State of Bihar (2024) reiterated that adjacent though the statute does not necessitate explicit permission, the instrumentality has developed and seeking support from the acrophobic magistrate is essential. The Supreme Court again precocious successful Robert Lalchungnunga Chongthu v State of Bihar (2025) upheld the ratio of the Vinay Tyagi (supra) lawsuit saying that the permission of the tribunal to record a supplementary charge-sheet is simply a portion of the law.
Therefore, contempt the caller proviso of the BNSS, erstwhile a charge-sheet oregon closure study has been filed, further probe based connected caller grounds whitethorn beryllium undertaken lone with the support of the court.
RK Vij is simply a erstwhile IPS officer.
