Investigating officer submitted biased final report under section 173(2) crpc under the pressure of accused. The accused are very influential and politically strong to manage the police. They have compelled the investigating officer to save them and file final report. In that pressure and influence (probably receiving bribe from the accused) the investigating officer has submitted final report. I want to challenge the investigation. I am not getting justice from the police authority. There are several flaws deliberately committed by the investigating officer. How to approach the court for direction of further investigation?
Asked from: Bihar
At this stage you should not approach the court for seeking direction for further investigation. You should approach the Superintendent of Police for such a direction. After the investigating officer submits the final report under sub section 2 of section 173 of the code of criminal procedure, the police authority can still conduct further investigation. In Vinay Tyagi vs Irshad Ali alias Deepak (2010), the supreme court held that
The police authority can conduct further investigation. This can be done after submitting a police report under section 173(2) crpc. But they should seek a formal permission from the court for further investigation.
The same view was expressed by the Supreme Court in Ram Lal Narang v. State (Delhi Admn.), (1979) 2 SCC 322. You should approach the superior police officer for such a direction. The Superintendent of police can direct the investigating officer to do further investigation if he finds that the investigation was done in the manner to provide undue favour to the accused. You have to show that
- The investigating officer submitted biased final report under section 173(2) crpc.
- The real culprits have been protected by the faulty investigation.
- Line of investigation adopted by the investigating officer suggests an intention to save the accused.
If specific allegations have made in the FIR and the investigating officer has ignored that allegations this will constitute a good ground for further investigation. In case the superintendent of police does not take proper action or refused to pass such an order after finding the investigation is faulty then you should file a criminal misc. writ petition in the high court under article 226 of constitution of India for direction of further investigation.