Can investigating officer add more accused and section in FIR after submitting final report?
Question: Respected Sir /Madam, can investigating officer add more accused and section in FIR after submitting final report? My sister had given a complaint to the SSP against her husband and in-laws ( against 8 persons). The SSP had marked my complaint to the women cell for enquiry. After enquiry by the woman cell and according to their enquiry report the police station had requested a FIR u/s 406, 498 - A IPC Against her husband , father-in-law and mother-in-law i.e 3 accused persons.
Remaining Five persons neither attend the proceedings of the enquiry of the woman cell although send the normal statement but not denying the allegations in the complaint. Three accused persons were already on anticipatory bail and joined the investigation. No charge sheet ( Challan ) had been present in trial court .
My sister had filed an application before the SSP to initiate a parallel enquiry to three accused and five other persons ( whose name in the previous complaint letter) . My application is marked to SP (d) for further enquiry/ Investigation . The SP (d) had issued Notices on email and whatsapp U/S 91 Cr.PC for personal Appearance in SP (D) office on a fixed date and time.
On the fixed date no one is present. But after 2 days the one page reply was sent to the SP (D) Reader on his whatsapp. But in this reply they are not denying the allegations . Again SP ( D) office issued the notices on their whatsapp and email address for personal appearance on 7/6/2022 at 10 AM sharp.
My questions and queries to you are as follows:- 1. Can a SP (D) had without issuing the notices to the accused (s) to order the additions of the sections of IPC in the FIR inspite the sections 406, 498 A IPC. against the three accused. 2. Can a SP ( D) after issuing Notices to 5 other persons register a FIR against five other persons. 3. According to my sister's statement and four other statements by eyewitnesses in the mahila thana , pictures , bills and other documents were also annexed in the police file . 4. The said FIR is registered on the allegation of rupees 1,00,000/ - given at the time of marriage.
The demand of alleged dowry amount RS one Lac is also supported by three accused and five other persons whose names are in the complaint letter . Out of rs. 1,00,000/- ( one lac) investigation officer recovered Rupees 20,000/- at the time of investigation. Remaining 80,000/-and other dowry articles , Stridhan , cash Sagun , gold ornaments, gifts etc are still in the possession of three accused as well as five other persons also. In this regard my statement and other four eyewitness statements are also on police file.
It is here mentioned that previous FIR was registered only three accused after the enquiry of the woman Cell and DSP level report. This parallel enquiry is marked by the SSP to the SP (D) for further investigation. But the SP (D) had no issues to the Notices to the three accused. They issued Notices to Five other persons . Please tell me :- Can a SP (d) have power to register the case to five other persons? And or to add the sections of IPC against the three accused without any issuing notice . If the FIR is registered against five other persons the FIR number will be the same?
The investigating officer has power to add the name of additional accused in the further investigation. Investigation does not conclude after submitting a report to the magistrate under Section 173 of the code of criminal procedure.
Section 173(8) of the code of criminal procedure empowers the investigating officer to carry on the further investigation, if new evidence or materials he received in the same case crime number.
The investigating officer cannot lodge another FIR in respect of the same crime. Hence, he has to add the additional accused in the same FIR. Because of this the investigating officer has added more sections and accused in your FIR.