Supplementary Chargesheet Must Disclose Novel Evidence, No Cognizance Where No New Material Discovered By Further Investigation: Delhi High Court

[14 June 2022] The Delhi High Court has observed that where no new material or evidence has been discovered by the further investigation, any cognizance taken by the Magistrate may be said to be in contravention to Section 173 of the Code of Criminal Procedure. Justice Chandra Dhari Singh added that there has to be an extent of novelty in the report or Supplementary Chargesheet filed by the Investigating Agency, which leads to discovery of material or evidence in a manner which was not before the Court in the primary report or Chargesheet. “Although further investigation has been distinguished from fresh investigation and reinvestigation, however, the provision for further investigation could not have been introduced solely to provide for reappreciation or reconsideration of the old or primary evidence and other material which was already on record before the Magistrate. There has to be an extent of novelty in the report or Supplementary Chargesheet filed by the Investigating Agency, which leads to discovery of material or evidence in a manner which was not before the Court in the primary report or Chargesheet,” the Court said. “Therefore, for conducting a further investigation there needs to be a reason or scope for furtherance of investigation and finding of material which was otherwise not found, or if found not properly considered or investigated into. If upon such investigation fresh material is actually found and certain aspects of elements collected earlier were not investigated into, the concerned Police Officer/Investigating Officer may make a report to the Magistrate and bring on the record the facts newly discovered,” the Court observed.