Difference between "Re-investigation "and "Further investigation "

[vinod kumar Namdeo]

Respected Sir,
Kindly elaborate the difference between re-investigation and further investigation in the light of PC Act 1988.
If the Investigating agency has already submitted the Charge sheet but cognizance by the trail court has not been taken :
1. Can the Investigating agency still take the voice sample of the accused? Whether this will be “further investigation” or ” re-investigation “.
2. Can the prosecution request the court to obtain the voice sample at this stage.
3. In the above situation ,Can the trial court ask for voice sample prior to taking cognizance of the case.
4. What is the latest Law position in view of Ritesh Sinha Vs State of UP ,AIR 2013 SC 1132 or any other latest judgement in a situation if the accused does not consent to give his voice sample.

with regards,

[Dr. Ashok Dhamija]

Further investigation means an existing investigation continued further and such existing investigation continues to be valid. On the other hand, reinvestigation would imply a fresh investigation and the earlier investigation may become invalid.

After filing of charge sheet, taking of voice sample by police would be further investigation.

Yes, the prosecution can request the court for permission for further investigation after filing of charge sheet. It is permitted under Section 173(8) of the Criminal Procedure Code.

Court has the power to direct further investigation prior to taking cognizance.

In the case of Ritesh Sinha v. State of U.P., (2013) 2 SCC 357 : 2013 Cri LJ 1301 : AIR 2013 SC 1132, a two-judge bench of the Supreme Court was divided on the issue as to whether the Magistrate has the power to authorize the investigating agency to record voice sample of the accused. This matter was accordingly referred to a bench of 3 judges. This matter is yet to be decided by the 3-judge bench. The next date in that case is 12 December 2017, but there is no guarantee as to when the said case would be heard. So, at present, this issue appears to be undecided and you’ll to wait for the 3-judge bench order.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[vinod kumar Namdeo]

Repected Sir,
Thanks for the quick and helpful response. I have another query on the same issue .

In a recent judgement in High Court of MP in Buddha Sen Kumhar vs Sate of MP ,MCRC no. 17905/2017 dated 15.11.2017 a law is laid down that COURT CAN ALLOW TO TAKE VOICE SAMPLE from the accused.(even if the accused does not agree)
In the above case , the accused (petitioner) did not agree to give his voice sample during the investigation therefore the Prosecution moved an application in the trial court .
Quoting the decision of Ritesh Sinha Vs state of UP , AIR 2013 SC 1132, the trial court court allowed the application and directed the applicant to provide voice samples to the Investigating agency as per the principles(methodology) laid down in Sudhir Chodhary Vs state(NCT of Delhi) (2016) 8 SCC 307.

Aggrieved by the above order of the trial court, the petitioner moved the above petition in the MP High Court on the ground that there is no provision for recording the the voice sample when investigation is over and charge sheet is filed .

The High Court after relying on the various judgements mentioned below laid the law that COURT CAN ALLOW TO TAKE VOICE SAMPLE FROM THE ACCUSED.
MY QUERY :
1.In view of the Supreme Court deferred judgement in Ritesh Sinha vs State of UP, will the above judgement of MP High Court apply specifically to the present petitioner or to all the similar cases in MP.
2. Can a High Court give a judgement on a law point pending in the Supreme Court .
3. Can the above judgement of High Court be reviewed in the same court or an Appeal can be made in the Supreme Court.Will it be beneficial for the petitioner.
4. Any other legal remedy you would like to suggest .

Judgements relied upon by the MP High Court
1.Ritesh Sinha vs state of UP
2.Sudhir Chaudhary vs Stae (NCT)
3.Rakesh Bist vs CBI ,2007 CriLJ 1535
4.Kathi Kalu Vs state of Bombay aIR 1961 SC 1808
5.Vikram Seth vs state of Punjab SC 4305
6.R M Malkani Vs state of mahrashtra AIR 1973 SC 157
7.State of AP vs AS Peter (2008) 2 SCC383
8.CBI vs state of Bihar 2012 Cri L J 3290
9.Anvar PV vs PK Basheer AIR 2015 SC 180

[Dr. Ashok Dhamija]

You can challenge the above decision of the high court in the Supreme Court by filing SLP.     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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