Facts: An FIR was registered against the appellants. After investigation, a closure report was submitted stating no offense was made out. The Magistrate accepted the closure report. Subsequently, a complaint was filed before the NHRC alleging deficiencies in the investigation, leading to a directive for further investigation by the DGP. An IO was appointed, who sought permission from the Magistrate for further investigation under Section 173(8) of CrPC. The High Court dismissed the appellant's writ petition challenging the orders directing further investigation.
Procedural Posture: The appellants appealed to the Supreme Court challenging the High Court's judgment that dismissed their writ petition against the orders directing further investigation.
Issue: Whether, after submitting a final report under Section 173(2) of the Criminal Procedure Code, the police/investigating agency can conduct further investigation under Section 173(8) of CrPC without obtaining the leave of the Magistrate/Court concerned?
Holding: No, the police/investigating agency cannot conduct further investigation under Section 173(8) of CrPC without obtaining the leave of the Magistrate/Court concerned. The power to direct further investigation rests solely with the Magistrate/Court.
Reasoning: The Court relied on Vinay Tyagi v. Irshad Ali, stating that while Section 173(8) CrPC doesn't explicitly mandate seeking leave of the Court, a practice has developed to do so. This practice is a necessary implication of Section 173(8). The Court also cited Peethambaran Versus State Of Kerala & Anr., holding that the power to order further investigation rests either with the Magistrate or a higher court, not with an investigation agency. The Superintendent of Police acted in defiance of the procedure by directing further investigation without seeking leave of the Court. The Court clarified that while the investigating authority has powers, it is required to inform the Court. The opinions expressed should cause no prejudice to the criminal revision preferred by the original complainant.