[Section 173 CrPC] Police Can File Final Report Against One Accused And Conduct Further Investigation Against Others :Kerala HC [Read Judgment]

The Kerala High Court has held that it is permissible for the Investigating Officer to proceed with the investigation in a crime involving more than one accused and file Final Report against one accused apprehended by him and that he is not expected to wait till the absconding accused is arrested. At this stage, the second accused approached the High Court by filing a petition under Section 482 CrPC to quash the criminal proceedings against him mainly contending that despite the fact that he was absconding, he should have been arrayed as an accused in the final report, which the investigating officer failed to do. Another contention raised by the petitioner was that the completion of investigation and filing of final report even against one of the accused under the aforesaid provisions would mean closing of the said chapter of investigation and, therefore, further investigation envisaged under sub-section of Section 173 of Cr.P.C. The Court added that the Section 173 of the Code creates no embargo at all in filing of more than one charge sheet or final reports on the basis of the same investigation.