The investigating officer has submitted a closure report in the Magistrate’s court. Can the court pass an order of further investigation after filing of the closure report? There is enough evidence against the accused. But accused are very powerful and have the capacity to influence the investigation. They have influenced the investigating officer and frustrated the investigation. The investigating is indeed unfair and against the law. Sixteen investigating officers have changed during the investigation. The last one has filed the closure report stating that the complainant did not produce any credible evidence against the accused. How do I get further investigation after filing of closure report?
The investigating officer has submitted the closure report in the pressure and influence of accused. This type of closure report is improper, unjust and erroneous. You should protest the closure report and request to the court to reject it in limine.
The prime objective of the investigation is to collect the evidence and unearth the truth. Generally the investigating officer (IO), after completion of investigation, submits chargesheet under Section 173(2) crpc. When he does not find any substance in the allegation or finds no evidence against the accused then he submits a closure report or final report under Section 169 of the code of criminal procedure.
In both situations the report (under section 173(2) or 169 crpc) must be supported by the evidence and materials collected by the IO during the investigation. Failing which the court has the power to reject the report.
The court is not bound to accept the closure report
The court is not bound to accept the closure report unless it is supported by sufficient evidence and materials. There must be some evidence which tend to prove the innocence of accused then the court may admit the closure report. Otherwise the court shall reject the closure report.
Thus investigating officer must satisfy the court that he found no incriminating materials against the accused therefore, he is forwarding a closure report. When the court finds that closure report is defective or perverse it, however, cannot direct the investigating officer to take back the report [R. Sarla vs T. S, Velu AIR 2000 SC 1731]. But the court has the power to direct the further investigation under Section 156(3) crpc.
In exceptional situation the constitutional court (Supreme Court & High Court) can direct the investigating officer to do a fresh investigation. When the investigation is tented or highly manipulated by accused. This may form a solid ground for directing de novo investigation.
Court can direct further investigation after filing of closure report
The magistrate can direct the further investigation under Section 156(3) crpc, after rejecting the closure report. If he has admitted the closure report, you should approach the High Court under Section 482 crpc for the direction of further investigation. The High Court can direct the investigating officer to conduct further investigation even after the Magistrate has admitted the closure report.
In your case the closure report seems improper and perverse. Because the investigating officer has stated therein that complainant failed to adduce evidence against the accused. The complainant is not bound to adduce evidence. It is the duty of investigating officer. The IO cannot shift his duty upon the complainant. Hence the High Court can quash this closure report on this ground even though the Magistrate has admitted it.
In Manohar Lal Sharma vs. Principal Secretary and others AIR 2014 SC 666 the Supreme Court has held that in very exceptional cases, where the court finds that the investigating officer has exercised his power in breach of statutory provision, the court may intervene to protect the personal and property rights of the citizens.
Free and fair investigation is the fundamental rights of citizens under Article 21 of the Constitution. It is part and parcel of the personal liberty of citizens. The court has a constitutional obligation to ensure that the investigation has to be conducted in accordance with law.
The police officer holds the responsibility to protect the life, liberty and property of citizens [Sakiri Vasu vs State of Uttar Pradesh (2008) 2 SCC 409]. Whenever the investigating officer is putting the rights of citizens in jeopardy through its illegal and improper use of the power or abusing its investigatory power the court interferes.
File a case in the High Court
You should immediately file a petition in the High Court under Section 482 crpc. The court may direct the further investigation because the investigation is manipulated and influenced by the accused. The High Court may admit your petition if investigating officer has deliberately filed a closure report or concealed the substance of crime.
