Gujarat High Court Highlights: No Magistrate's Permission required for investigation after chargesheet

Case Name: Manoj Kumar v. State of Gujarat & Anr. 

Introduction: 

The case involved that Senior Postmaster, Deputy Postmaster, and the Assistant Postmaster of Navrangpura head Office, of Navrangpura and Ahmedabad and one unknown individual. The allegations are committing crimes under Indian Penal Code and The Prevention of Corruption Act, as per charges they broke the government rules and postal departments.

Gujarat High Court ruling on magistrate permission for investigation under CrPC Section 173(8).

Background: 

A complaint was filed against the Senior Postmaster of Ahmedabad Head Office, the Deputy Postmaster and Assistant Postmaster of Navrangpura Head Office, and one unknown person. They were accused of being involved in a criminal conspiracy and misuse of their official positions during demonetization. The case was filed under sections of the Indian Penal Code and the Prevention of Corruption Act.

At the time it was alleged that during demonetization of old currency notes were exchanged at the post office, though not according to rules. An investigation team of Postal Department’s Vigilance Team in Ahmedabad found that the Navrangpura Post Office had not complied with the government rules. Following to this a complaint has been registered against the Senior Postmaster, Deputy Postmaster, Assistant Postmaster and an unknown individual. 

Senior Officer is the petitioner in this case, who is In-Charge of Ahmedabad Postal Circle. It was alleged to have taken advantage of his power and helped in the exchange of old currency worth ₹1,04,03,500 from different post offices. A charge sheet has been filed by the C.B.I. and called eight witnesses before the Additional Chief Judicial Magistrate and they stated that they didn't know about the case. However, the statement was not recorded by the magistrate, and he asked all of them to come again. Later, All the statements were recorded within three hours. Hence, due to these issues, the Petitioner filed an appeal in the High Court. 

High Court Observation on Magistrate Permission for Investigation

The High Court Held that Section 164 of the Criminal Procedure Code (CrPC) is a direction power of Magistrate to record the statement of witnesses whenever they find it appropriate. A statement recorded later does not make it invalid. The court noted that looking at the accuracy of the witness at the initial stage would be treated as “Mini-Trial”. 

The Court stated that an inquiry under section 173(8) of the CRPC permitted a supplementary charge sheet even though prior charge sheet was filed, and further investigation is considered as continuation of the original case and not de novo investigation, and Court also stated that the chargesheet was valid, because it does not replace the original charge sheet.  

Court Observed “The supplementary charge sheet filed on 27.2.2018 u/s 173 of the Code at Annexure A reveals two aspects. Firstly, the source of old currency exchanged by the petitioner the then DPS, Ahmedabad and secondly, filing of prosecution sanction u/s 19 of the Act in respect of all charge sheeted accused. Either of the act of the investigating officer cannot be held as de novo, fresh or re-investigation. It is in continuation of the earlier part of the investigation”.

Further Concluded that Court rejected the petition and allowed the trial and held that the investigation agency can conduct the further inquiry without the prior magistrate approval. 

Conclusion

The High Court dismissed the petitions, ruling that the supplemental charge sheet and additional inquiry were legitimate. It held that decisions on things like witness statements ought to be made at trial rather than when charges are being dropped.

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