Danish Sami, Chanakya National Law University (CNLU), Patna, Bihar
ABSTRACT
This paper gives a theoretical as well as the practical understanding of the dilemma of further investigation and the processes behind it. This paper traces its origin from the 41st Law Commission Report, 1969 by which Section 173 (8) in The Criminal Procedure Code has been added and further goes on to analyse the purpose and the policy behind the addition of Section 173 (8) under The Criminal Procedure Code. It discusses the need of further investigation as envisaged under Section 173 (8) of The Criminal Procedure Code and also discusses the hidden question that whether further investigation can be ordered in the cases of trial other than on police report. It also appreciates various Hon’ble Supreme Court judgements and tries to harmonize the two apparently conflicting judgements of The Hon’ble Supreme Court held in the cases of Devrapalli Lakshminarayan Reddy & others Vs. Narayan Reddy & Others (1976 S.C.) and Vinubhai Haribhai Malaviya Vs. The State of Gujrat (2019 S.C). It concludes with the jurisprudential essence and the constitutional spirit behind the reason of making further investigation more explicit in The Criminal Procedure Code as it is in line with the mandate of the Article 21 of our Constitution.
Keywords: Further Investigation, 41st Law Commission Report, 1969, Investigation Order in complaint cases
