The Allahabad High Court has the right of further investigation under Section 173(8) CrPC is given to the investigating agency and only they can move an application before the magistrate for further investigation.
The Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma further observed that after the commencement of trial, neither the Magistrate suo motu nor on an application filed by the complainant can direct further investigation in a case.
In the case of Farha Faiz vs State Of U.P the court analysed the petitioner’s plea and noted that accused(Petitioner) is an accused party in the case and that a charge sheet has been submitted.
The Court further noted that the accused (petitioner) had requested guidance for additional inquiry, which is otherwise the investigative agency’s right.
The Court emphasised that the investigating body alone has the authority to choose how the investigation would be conducted, not the accused. The investigation revealed the petitioner’s involvement in the crime.
According to the facts and an examination of the information entered into the record. The accused cannot direct how an investigation should be conducted and that is solely the responsibility of the investigating body.
The petitioner was named in a charge sheet submitted by the investigating agency, which led to the court taking notice and starting the trial.
There was no compelling cause to pursue additional research. As a result, the court denied the writ petition
