Supreme Court Affirms CBI’s Right to Further Investigate Even After Closure Report is Accepted

In State through CBI v. Hemendhra Reddy, 2024 SCC OnLine SC 496, the Hon’ble Supreme Court held that the Central Bureau of Investigation can carry out further investigation under Section 173(8) of the Code of Criminal Procedure even after a final report under Section 173(2) has been accepted by the Magistrate. The Court clarified that such investigation is a continuation of the earlier process and does not amount to a fresh or reinvestigation. Therefore, the Magistrate is not required to recall or review the earlier order of acceptance.

The Court also confirmed that the accused does not have a right to be heard at the stage of considering further investigation, and that the principle of double jeopardy does not apply. The judgment emphasized that delay should not obstruct the pursuit of truth or the goal of substantial justice. The Supreme Court accordingly set aside the High Court’s order that had quashed the prosecution and directed that the trial should proceed.