Case Note & Summary
The petitioners, accused Nos.1 and 2 in a criminal case, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) challenging an order dated 04.07.2022 passed by the LXIX Additional City Civil and Sessions Judge (CCH-70), Bengaluru in Criminal Revision Petition No.172/2020. The Revisional Court had directed the Trial Court to summon the Investigation Officer to take up further investigation and file an additional charge sheet under Section 173(8) of Cr.P.C. The petitioners contended that the Revisional Court exceeded its jurisdiction by passing such an order without hearing them and without any application by the prosecution. The High Court examined the legality of the order and held that the Revisional Court could not have invoked Section 173(8) Cr.P.C. suo motu without affording an opportunity of hearing to the accused. The court observed that the power to direct further investigation under Section 173(8) Cr.P.C. is vested in the investigating agency and the court can only direct further investigation upon an application by the prosecution or if it is satisfied that the investigation is incomplete or inadequate. However, such a direction cannot be passed without hearing the accused, as it may prejudice their rights. The High Court found that the Revisional Court's order was passed in violation of principles of natural justice and without jurisdiction. Consequently, the writ petition was allowed, and the impugned order was quashed. The court directed that the Trial Court shall proceed with the trial in accordance with law without being influenced by the quashed order.
Headnote
A) Criminal Procedure Code - Further Investigation - Section 173(8) Cr.P.C. - Revisional Court's Power - The Revisional Court cannot suo motu direct further investigation under Section 173(8) Cr.P.C. without affording an opportunity of hearing to the accused. The order passed by the LXIX Additional City Civil and Sessions Judge (CCH-70), Bengaluru in Criminal Revision Petition No.172/2020 dated 04.07.2022 directing the Trial Court to summon the Investigation Officer for further investigation and file additional charge sheet was set aside as it was passed without hearing the petitioners-accused and without any application by the prosecution. (Paras 1-10)
Issue of Consideration
Whether the Revisional Court could have directed further investigation under Section 173(8) of Cr.P.C. without hearing the accused and without there being any application by the prosecution?
Final Decision
The writ petition is allowed. The order dated 04.07.2022 passed by the LXIX Additional City Civil and Sessions Judge (CCH-70), Bengaluru in Criminal Revision Petition No.172/2020 is quashed. The Trial Court is directed to proceed with the trial in accordance with law without being influenced by the quashed order.
Law Points
- Revisional court cannot direct further investigation under Section 173(8) Cr.P.C. without hearing the accused
- Section 173(8) Cr.P.C. cannot be invoked suo motu by revisional court
- Order directing further investigation without notice to accused is illegal and liable to be set aside
