Permission of Magistrate – A Sine Qua Non under Section 173(8) of the Cr.P.C

Investigating intensely, leading fairly without unduly favouring anyone, analysing and acting, constitute justice -Thiruvalluvar, a renowned Tamil philosopher A charge-sheet is ordinarily filed as a final report after the investigation is over. However, this was creating problems as the police often found further evidence after the filing of charge-sheet, but the courts were reluctant to accept the same once they took cognizance of the matter. Therefore, the need for amendment was felt and Section 173 (8) was introduced, which enabled the investigating agency to file further investigation. The Article explores the four significant aspects of Sec.173 (8) of C.r.PC. First segment elucidates the procedure which is to be followed by the Magistrate on submission of Charge sheet, Second deals with the scepticism between “further investigation” and “Reinvestigation” under the said provision. Next part clarifies the issue relating to the prior permission of Magistrate by the investigating officer before proceeding with “further investigation”. And last part contains the recent developments formulated under Sec. 173(8) through the landmark judgement of Vinubhai Haribhai Malaviya.