Legal provisions involved: Section 173(2) CrPC and Section 173(8) CrPC –  Section 193(3) and 193(9) of the Bharatiya Nagarik Suraksha Sanhita, 2023 

Judgement by: Supreme Court of India.

Judge/Bench: Justice Rajesh Bindal and Justice Vijay Bishnoi.

Facts

In this case, an FIR was registered in 2013 in Uttar Pradesh for serious offences. After investigation, the police filed a closure report saying no case was made out. The Magistrate accepted this report. Later, higher police authorities ordered further investigation without first taking permission from the court. This action was challenged before the Supreme Court.

Key legal provisions

Section 173(2) CrPC and Section 173(8) CrPC –  Section 193(3) and 193(9) of the Bharatiya Nagarik Suraksha Sanhita, 2023 

Issues raised

Can the police start further investigation on their own after the court has already accepted a closure report?

Arguments of the case

The State argued police have power to conduct further investigation. The opposing side argued court permission is necessary once the report is accepted.

Judgement

The Supreme Court held that police must seek permission from the Magistrate before starting further investigation after a closure report is accepted. Police cannot act on their own.

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