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Supreme Court Of India

(From : Gujarat)*

Hon'ble Judge(s): Doraiswamy Raju, Arijit Pasayat , JJ

(A) Criminal P.C. (2 of 1974) , S.216— Alteration of charge - By trial Court - Permissible, if exigencies of case warrant or necessitates. (Para 10) (B) Criminal P.C. (2 of 1974) , S.173(8)— Further investigation - Not ruled out merely on grounds that it may delay trial - Even after Court takes cognizance of offence on earlier report submitted by police, it is open to police to conduct further investigation in a proper manner - On fresh facts coming to light police should seek permission of Court for further investigation. The hands of the investigating agency or the Court should not be tied down on the ground that further investigation may delay @page-SC2079 the trial, as the ultimate object is to arrive at the truth. Sub-section (8) of S. 173 of the Code permits further investigation, and even dehors any direction from the Court as such, it is open to the police to conduct proper investigation, even after the Court took cognizance of any offence on the strength of a police report earlier submitted. All the moreso, if as in this case, the Head of the Police Department also was not satisfied of the propriety or the manner and nature of investigation already conducted. It would ordinarily be desirable that police should ....