Further Investigation--Magistrate's Prior Leave--Third Round of Investigation Under Section 173(8) CrPC Without Magistrate's Permission Vitiates Chargesheet and Amounts to Abuse of Process
Prior leave of the concerned Magistrate is a mandatory requirement before police conduct further investigation under Section 173(8) CrPC, even though the provision does not explicitly state so. This requirement is a necessary judicial implication read into the provision, as settled in Vinay Tyagi v. Irshad Ali. A chargesheet filed pursuant to further investigation conducted without such leave is vitiated and amounts to abuse of process. Where the underlying dispute is purely civil in nature and criminal proceedings are used as a tool of pressure, quashing under Section 482 CrPC is warranted.
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