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Acceptance Of Final Report Doesn't Bar Further Investigation: Allahabad High Court
['Sparsh Upadhyay', 'Sparsh Upadhyay Is An Associate Editor With Livelaw.']
Supreme Court - High Court - Legal Breaking News | Live Law India
The Allahabad High Court has held that acceptance of a final report by a Judicial Magistrate does not bar the investigating agency from carrying out further investigation under Section 173(8) CrPC.
Finding no evidence against the applicant, the Investigating Officer submitted a final report in February 2006.
Challenging this further investigation, the applicant moved the High Court, arguing that the matter had already attained finality after acceptance of the final report and that proceedings could not be allowed to continue endlessly.
It therefore opined that the investigation could proceed under Section 173(8) CrPC, which provides for further investigation and not re-investigation.
The Court also considered the question as to whether the accused could challenge the further investigation at the investigation stage.