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TMI Blog2007 (12) TMI 536X X X X Extracts X X X X X X X X Extracts X X X X ..... Sanders hard wood and was having a godown at Renigunta in the District of Chittoor. A fire broke out in the said godown on 28/29.06.1996 resulting in destruction of red sanders hard wood, undressed wood as also nine cutting machines. The said godown was insured. The concerned Forest Officer gave an information to the police station that the respondent had made a false declaration regarding the stock shown in the godown and inflated the same in order to make unlawful gain, whereupon a First Information Report was lodged. Investigation was carried out upon obtaining permission of the concerned Magistrate. A chargesheet was filed upon completion of the investigation in the Court of III Additional Munsif Magistrate, Tirupati for alleged comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e impugned order has allowed the said application. 4. Mrs. D. Bharathi Reddy, learned Counsel appearing on behalf of the appellant in support of this appeal submitted that the High Court committed a manifest error in taking the view that the investigation in question was a fresh investigation or it was imperative on the part of the investigating officer to obtain express permission from the Magistrate concerned. Decisions of this Court in Ram Lal Narang v. State (Delhi Administration) 1979CriLJ1346 and K. Chandrasekhar v. State of Kerala and Ors. 1998CriLJ2897 whereupon the High Court relied upon, Mrs. Reddy, would contend, have no application to the facts of the present case. 5. Mr. Nagendra Rai, learned Senior counsel appearing on b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on within the limits of his police station It was further held: ...If the police officer concerned thought that the case should be investigated by the C.I.D. - even though for a reason which does not appeal to us - it cannot be said that the procedure adopted was illegal.... 8. It is not correct to contend that the investigation was taken up by a different agency. The CID is a part of the investigating authorities of the State. A further investigation was directed by the Additional Director General of Police. Section 36 of the Code of Criminal Procedure, 1972 empowers a police officer, superior in rank to an officer in charge of a police station, to exercise the same powers throughout the local area to which they are appointed, as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estigation is permissible in law, held that the Magistrate has a discretion in the matter to direct further investigation, even if he had taken cognizance of the offence, stating: ...The criticism that a further investigation by the police would trench upon the proceeding before the court is really not of very great substance, since whatever the police may do, the final discretion in regard to further action is with the Magistrate. That the final word is with the Magistrate is sufficient safeguard against any excessive use or abuse of the power of the police to make further investigation. We should not, however, be understood to say that the police should ignore the pendency of a proceeding before a court and investigate every fresh fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 73 of the 1898 Code, the right of the police to further investigate was not exhausted and the police could exercise such right as often as necessary when fresh information came to light. Where the police desired to make a further investigation, the police could express their regard and respect for the court by seeking its formal permission to make further investigation.... 12. It is not a case where investigation was carried out in relation to a separate conspiracy. As allegations had been made against the officer of a local police station in regard to the mode and manner in which investigation was carried out, a further investigation was directed. The court was informed thereabout. Although, no express permission was granted, but eviden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the Explanatory Note of their notification dated 27-6-1996 (quoted earlier) that the consent was being withdrawn in public interest to order a reinvestigation of the case by a special team of State police officers, in the amendatory notification (quoted earlier) it made it clear that they wanted a further investigation of the case instead of reinvestigation of the case . The dictionary meaning of further (when used as an adjective) is additional; more; supplemental . Further investigation therefore is the continuation of the earlier investigation and not a fresh investigation or reinvestigation to be started ab initio wiping out the earlier investigation altogether. In drawing this conclusion we have also drawn inspiration from ..... X X X X Extracts X X X X X X X X Extracts X X X X
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