2023 PCrLJ 427
There is no embargo on the transfer of investigation from one police officer to the other and to carry out further or fresh/re-investigation of the case even after submission of challan in the Court.
Perusal of Article 18A(1) of Police Order, 2002, reveals that for dealing with application for change of investigation, two steps are necessary for District Police Officer i.e. (i) to get opinion from District Standing Board and (ii) after receipt of opinion from District Standing Board to give reasons in writing. Getting opinion from District Standing Board is inclusive and not conclusive. Therefore, opinion of District Standing Board cannot be made as a “sole” basis for change of investigation; District Police Officer is not bound to accept said opinion blindfoldly, rather after receipt of said opinion, he has to examine entire facts and then while giving express/valid reasons in writing to pass order regarding change of investigation or otherwise, as the case may be.
It goes without saying that under Chapter 25 Rule 55 of Police Rules, 1934, police file containing case diaries of the case is sent with challan to the Court because same can be used during trial of the case, as provided under Section: 172 (2) Cr.P.C.
Therefore, if after submission of challan in the court and forwarding police file with the same, further or fresh/re-investigation is going to be ordered and police file is required then providing proper written intimation in this regard to the learned trial court is very much necessary.
It goes without saying that although power to pass order for change of investigation as well as fresh/re-investigation after submission of challan has been considered as “inherent” in Article 18A of Police Order, 2002 yet it is left to the Government (concerned) to see necessity/suitability of express legislation with respect to further, fresh or re-investigation after submission of challan in criminal case.
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