Further investigation and Re-investigation Difference:

Further investigation and Re-investigation Difference:

After the charge sheet is filed, the Court has powers under sub-section (8) of Section 173 of the Cr.P.C. to direct further investigation by the police, but the Court has no power to direct a fresh investigation or reinvestigation into the case by the police. 

The High Court, therefore, could not have directed the CBI to start a fresh investigation or reinvestigation of the case after the police had filed charge sheet under sub-section (2) of Section 173 of the Cr.P.C. 

In support of this submission, the cited decision of the Supreme Court is Mithabhai Pashabhai Patel v. State of Gujarat [(2009) 6 SCC 332] and in which the Hon’ble Supreme Court made a distinction between further investigation and reinvestigation and held that under subsection (8) of Section 173 of the Cr.P.C., the Court can grant permission for further investigation and not for reinvestigation.

At this juncture it would be necessary to take note of Section 173 of the Code. From a plain reading of the above section it is evident that even after completion of investigation under sub-section (2) of Section 173 of the Code, the police has right to further investigate under sub-section (8), but not fresh investigation or reinvestigation.”

A distinction, therefore, exists between a reinvestigation and further investigation.”