Cuttack, Sept 13: Seeking permission from court to conduct further investigation is desirable but not mandatory, the Orissa High Court said on Tuesday.
"The order taking cognizance of offences cannot be questioned merely because the police has not obtained the formal permission to investigate, either by mistake or otherwise and on that score, the order taking cognizance of offence cannot be quashed, when the materials collected by the investigating agency disclose very ingredients of the offences, under which the cognizance is taken," the Single Bench Judge of Justice Gourishankar Satapathy observed.
According to the petition, an FIR was lodged against 19 persons by Bhubaneswar Special Task Force on June 1, 2009. A charge sheet was submitted against the accused after completion of the investigation.
However, further investigation under Section 173(8) of the CrPc found the involvement of other persons in the case. Subsequently, two more charge-sheets were filed before the court against a total of 45 persons.
One accused had filed a petition in the High Court to exclude his name from the final charge-sheet. The petitioner cited that the investigating officer did not seek permission from the lower court for further investigation.
