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Further investigation is being conducted with mala-fide intention

Shivendra Pratap Singh

Advocate

12/02/2019

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My girlfriend has filed a false case of sexual harassment. She filed FIR under section 354 A of the Indian penal code. Indeed, she induced me to establish a sexual relationship with the sole purpose to extort money. I trapped on the web; I had sent some WhatsApp messages that exhibit my lust.

She filed FIR for rape by those messages. She wants to extort money from me. Therefore, she made such false allegation. When I did not fulfil her demand, hence she made such allegation. I’m not committed any offence.

Now the investigating officer has initiated a further investigation to collect evidence regarding the offence of rape. What could I do against the further investigation conducted by the investigating officer? Do I have any other remedy?

You said that charges are false because you did not commit any offence. As of now, the investigating officer has submitted a charge sheet under section 173 of crpc. It prima facie infers that there are some materials in support of the allegation. Generally, the investigating officer submits charge sheet upon collection of sufficient materials regarding the commission of the offence.

In the current scenario, you have one remedy to evade from the charge sheet. You can move a discharge petition when the court admits the charge sheet. The court is not bound to disclose charge sheet in toto; the court has to examine the charge sheet and the materials accompanied in addition to that. After that, court frames charges against the accused.

Accused has the opportunity to oppose the charges, framed by the court, on the ground that no sufficient materials are available in their support. It would help if you bore in mind that you cannot produce any evidence, but you have the right to invite the attention of court towards infirmities of the charge sheet.

Further investigation

As far as the further investigation is concerned, it is permissible on the discovery of new facts [State of Andhra Pradesh versus A.S. Peter (2008) 2 SCC 383]. The police have the right to further investigation under section 173(8) of the CrPC. Police can conduct a further investigation without an order of Magistrate because it is a statutory right of the police officer [Rama Chaudhary v. the State of Bihar, (2009) 6 SCC 346].

Further investigation is not a fresh investigation; it is a continuation of the earlier investigation. Hence, you have no remedy to stop further investigation. It is prerogative of the investigating officer.

If you think that charge sheet is baseless and bald, then you should challenge the same. If the charge sheet contains no cogent evidence in support of alleged offence, then the court must reject the charge sheet. You should move a discharge application and show that materials accompanied by charge sheet do not support the allegation.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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