Can police investigate and arrest even after submitting closure report

[Anonymous]

In a criminal case, the police have submitted the closure report or final report to the magistrate. Now, my client who was accused in that case has informed me that the police has again started investigating the same case even after submitting the closure report. Can police do it?

[Dr. Ashok Dhamija]

Section173(8) of the Criminal Procedure Code gives power to the police to conduct further investigation even after having submitted final report under Section 173(2).

Section 173(8) lays down as under:

“(8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub-sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2).”

Therefore, it may be lawful for the police to conduct further investigation in appropriate cases, even after having submitted its final report to the court.

     

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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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