Ahmedabad: The Gujarat High Court has ruled that police retain the power to further investigate even after submitting a chargesheet. The ruling came while dismissing two petitions filed by Manoj Kumar, a senior postal officer, accused of facilitating illegal currency exchanges worth ₹1.04 crore during the 2016 demonetization.
A bench led by Justice J.C. Doshi upheld the validity of the Central Bureau of Investigation’s (CBI) supplementary chargesheet, clarifying that it constituted further investigation under Section 173(8) of the Code of Criminal Procedure (CrPC), not a fresh probe.
Case Background
The case dates back to March 2017, when the CBI registered an FIR against senior officers of the Navrangpura Head Post Office, Ahmedabad. Acting on a complaint from the Postal Services Vigilance Department, investigators alleged that old notes were exchanged in violation of demonetization guidelines.
Manoj Kumar, then Deputy Postmaster General, Ahmedabad Circle, was accused of abusing his position to enable illegal exchanges worth ₹1,04,03,500 across post offices under his jurisdiction.
Petitioner’s Challenges
The officer contested two aspects of the probe. First, he questioned witness statements recorded under Section 164 CrPC. While eight witnesses initially denied knowledge, detailed statements were later recorded within three hours on the same day, which the petitioner claimed were coerced.
Second, he challenged the supplementary chargesheet filed in February 2018. He argued that the CBI acted illegally by not seeking prior approval from the Magistrate and that the filing amounted to reinvestigation.
Court’s Findings
Justice Doshi rejected both arguments. On witness testimony, the Court held that Section 164 CrPC grants discretion to Magistrates on recording statements. The timing of statements, it said, does not render them invalid. Evaluating credibility at this stage would amount to a “mini-trial,” which is impermissible in quashing proceedings.
On the supplementary chargesheet, the Court clarified that further investigation under Section 173(8) CrPC is lawful even after an initial chargesheet is filed. Unlike a fresh or de novo probe, further investigation continues from the original case without nullifying prior findings. The inclusion of prosecution sanction and additional evidence in the supplementary chargesheet was therefore valid.
Court’s Emphasis
The bench observed: “Further investigation is just continuance of the investigation already done… Fresh, de novo or reinvestigation has the effect of wiping out the earlier investigation.”
With this clarification, the Court dismissed the petitions, allowing trial proceedings against Manoj Kumar and other accused to move forward.
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