Can police further investigate once the cognizance has been taken by the court?

Forums The Code of Criminal Procedure, 1973 Can police further investigate once the cognizance has been taken by the court?

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  • #4367
    priyanka_gambhir
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    Under the Code of Criminal Procedure, the Police are needed to submit the complete investigation report under section 173.
    Ques. Can police further investigate once the cognizance has been taken by the court?

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    • #4369
      priyanka_gambhir
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      Ans. Section 173 of CrPC talks about the report of a police officer to be submitted once the investigation is completed. This section lays out the format of the report which is prescribed by the State Government and should contain the name of the parties, the nature of information, whether the accused was arrested or not, and much more(stated under subsection 2 of section 173).
      And in Section 173(8), it is stated that the police can make further investigations and then submit them as per the prescribed manner under subsection (2)-(6) of the section and forward them to the magistrate.
      It was also stated in the case of J. Prabhamashiamma vs. State of Kerala 2008, that the supreme court held that the police can investigate further in the case under section 173 (8) of CrPC read with Section2(h) of the code. Even at post cognizance, up to trial, or even after trial, the investigation is permitted.

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