Court Rules Further Investigation Requires Judicial Approval, Strikes Down Police Orders
In a significant decision, the Allahabad High Court has quashed an order by the Joint Commissioner of Police, Kanpur Nagar, which directed further investigation into a murder case without obtaining court approval. The judgment reaffirms the legal principle that police must seek judicial permission for further investigations during a trial, as stipulated under Section 173(8) of the Criminal Procedure Code, 1973, and Section 193(9) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
The case revolves around the murder of Rajaraj Verma, who was killed in December 2021. The initial investigation led to the arrest and charge-sheeting of several accused. However, without seeking the trial court's permission, the Joint Commissioner of Police ordered further investigation based on new findings, an action deemed illegal by the court.
The court emphasized the statutory requirement for police officers to obtain court approval before conducting further investigations once a trial is underway. This decision was based on both established judicial precedents and the legislative mandate under the Bharatiya Nagarik Suraksha Sanhita, 2023. The court cited previous Supreme Court judgments which underline that the police must seek court permission for further investigation, ensuring the court's supervisory role in ongoing trials.
The High Court ordered that any investigation conducted under the unauthorized order be struck off the record. It allowed the police to reapply for permission from the trial judge if they wish to pursue further investigation, ensuring compliance with statutory provisions.
This ruling underscores the importance of judicial oversight in criminal investigations and reinforces procedural safeguards against arbitrary police actions, thereby ensuring a fair trial process.
Bottom Line :
Police officers cannot order further investigation during a trial without permission from the trial court under Section 173(8) Cr.P.C. or Section 193(9) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Statutory provision(s): Section 173(8) of the Criminal Procedure Code, 1973, Section 193(9) of the Bharatiya Nagarik Suraksha Sanhita, 2023
Rakesh Kumar Tiwari v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2955410
