Friday, October 26, 2018

POLICE POWER OF FURTHER INVESTIGATION UNDER SECTION 173(8) CR.P.C , WHETHER CAN BE EXERCISED AT THE STAGE OF TRIAL, EVEN IF THE TRIAL IS IN ITS LAST STAGE THAT IS EXAMINATION UNDER SECTION 313 CR.P.C.


While dealing with the above issue the Hon'ble Supreme Court in case of Amruthbhai Shambhubhai Patel vs Sumanbhai Kantibhai Patel & Ors , Criminal Appeal No. 1171/2016 decided on Feb 02, 2017, held that power of police to further investigate can be exercised even if the trial is in its last stage. Permission of the  court is not required to conduct the further investigation of the case under section 173(8) Cr.P.C.  However a formal information is required to be given to the court.

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