Case Note & Summary
The petitioner, wife of the accused, filed a writ petition under Articles 226 and 227 of the Constitution of India read with Section 482 of the CrPC challenging the order of the Additional City Civil and Sessions Judge, FTSC-I, Bengaluru, dated 07-01-2023, which dismissed her application under Section 173(8) CrPC seeking further investigation in Crime No. 185/2022. The crime was registered on 24-08-2022 under Sections 8, 10, and 12 of the Protection of Children from Sexual Offences Act, 2012, based on allegations that the accused, her husband, was sexually perverted, addicted to child pornography, and had committed sexual acts upon their four-year-old daughter, including making her watch pornographic content, touching her private parts, and photographing her naked. The investigation resulted in the filing of a charge sheet on 22-10-2022, after which the accused was released on bail. The petitioner contended that the investigation was incomplete and shoddy, pointing out that the investigating officer did not seek police custody of the accused, failed to seize his electronic devices such as mobile phones and a laptop used to access pornographic material, and did not properly record the victim's statement or obtain a complete medical report. The trial court, in dismissing the application, held that the court has the power to direct further investigation under Section 173(8) CrPC, but found the grounds urged to be time-barred. It further opined that decisions regarding police custody, seizure of articles, and recording of statements are within the exclusive discretion of the investigating officer. The propriety or otherwise of the investigation could be considered during trial. Before the High Court, the petitioner argued that further investigation was essential to bring out the truth, particularly given the serious nature of the offences. The respondent State, while supporting the investigation, submitted that it would conduct further investigation if so directed. The High Court, after hearing arguments, reserved its order. The judgment text provided does not include the final order of the High Court; therefore, the outcome of the writ petition remains unknown.
Issue of Consideration
Whether the trial court erred in dismissing the application for further investigation under Section 173(8) of the Code of Criminal Procedure, 1973, in a case registered under the Protection of Children from Sexual Offences Act, 2012, given the alleged lacunae in investigation.
Law Points
- Further investigation under Section 173(8) CrPC can be directed by a Special Court
- however
- the investigating officer has sole discretion regarding police custody
- seizure of articles
- and recording statements
- grounds for further investigation must not be time-barred.
Case Details
2023 LawText (KAR) (06) 48
Writ Petition No. 1351 of 2023 (GM-RES)
Sandesh J. Chouta, Sampreeth V., K.P. Yashodha
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution read with Section 482 CrPC challenging trial court's order dismissing application for further investigation under Section 173(8) CrPC.
Remedy Sought
Petitioner (complainant-wife) seeks direction to the police for further investigation in Crime No. 185/2022 under the POCSO Act.
Filing Reason
Petitioner alleges lacunae in the police investigation and filing of charge sheet without adequate evidence, and that many crucial aspects were not investigated.
Previous Decisions
Trial court (Additional City Civil and Sessions Judge, FTSC-I, Bengaluru) dismissed application under Section 173(8) CrPC on 07-01-2023.
Issues
Whether the trial court was justified in rejecting the application for further investigation under Section 173(8) CrPC?
Whether the investigating officer's discretion to decide on police custody, seizure of electronic devices, and recording of victim's statement is absolute and cannot be questioned?
Whether the grounds raised by the petitioner were time-barred?
Submissions/Arguments
Petitioner contended that the investigation was shoddy and suffered from numerous lacunae, including failure to seize electronic devices used for child pornography, incomplete recording of victim's statement and medical report, and that the investigating officer did not seek custodial interrogation despite heinous offences.
Petitioner argued that the charge sheet was filed in haste just to secure bail for the accused, and many crucial aspects were overlooked.
Respondent State, through HCGP, defended the investigation but submitted that if the Court directed further investigation, it would be conducted.
Judgment Excerpts
No doubt it is true that, this court being a Special Court if power of Magistrate and also a Sessions Judge also has a power to direct further investigation in any criminal case under Sec.173(8) of Cr.P.C but, if we peruse the grounds urged in the application filed by the complainant, many grounds urged by the de-facto complainant seeking further investigation are time barred one.
to take the accused for police custody or not is a prerogative right and discretion of the Investigating Officer and no other person has got any right to force the Investigating Officer to take the accused for police custody in a criminal case.
investigation is the prerogative of the Investigating Officer and he is the competitive person either to seize the articles or to decide whether they are not necessary for his investigation.
Procedural History
On 24-08-2022, a crime was registered against the accused under Sections 8, 10, and 12 of the POCSO Act, 2012. The accused was arrested on 23-09-2022 and produced before court. Charge sheet was filed on 22-10-2022. On 12-12-2022, the complainant-wife filed an application under Section 173(8) CrPC seeking further investigation. The trial court dismissed this application on 07-01-2023. The petitioner then filed the present writ petition challenging the said order.
Acts & Sections
- Protection of Children from Sexual Offences Act, 2012: 8, 10, 12
- Code of Criminal Procedure, 1973: 161, 173(8), 482
- Constitution of India: 226, 227
