Bombay High Court

SANJAYKUMAR SURENDRA PEDDAPALLIversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

A magistrate retains the power under Section 173(8) of the Criminal Procedure Code to order further investigation and add offences until a charge is framed.

Summary

Petitioner Sanjaykumar Sunderra Peddapalli sought a court direction to register an FIR against respondents 2‑6, adding an offence under Section 307 of the IPC to the existing FIR No. 201/2023. The court noted that charge sheets had already been filed for FIRs 201/2023 and 203/2023 and that further RCCs (Nos. 734/2023 and 751/2023) were pending before the Chief Judicial Magistrate, Parbhani. Relying on the Supreme Court’s decision in Vinubhai Haribhai Malaviya v. State of Gujarat, the bench held that a magistrate retains the power under Section 173(8) of the CrPC to order further investigation and add offences even after cognizance, until a charge is framed. Consequently, the petition was disposed, granting the petitioner liberty to approach the Chief Judicial Magistrate to seek addition of the Section 307 offence. The order thus allows the petitioner to agitate the grievance before the magistrate without mandating a fresh FIR by the court.

Issues considered

Whether the petitioner can be directed to register an FIR adding an offence under Section 307 IPC to an existing FIR.
Whether the magistrate retains power under Section 173(8) CrPC to order further investigation and add offences post‑cognizance until charge is framed.

Legislation cited

Code of Criminal Procedure, 1973 — s. 173(8)
Indian Penal Code, 1860 — s. 307

Subjects

FIR registration
Section 307 IPC
Section 173(8) CrPC
Further investigation
Magistrate powers
Criminal procedure
Charge sheet

Judgment

2026:BHC-AUG:44670-DB

                                                                          1474.23WP

                                                1

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                        19 CRIMINAL WRIT PETITION NO.1474 OF 2023

                            SANJAYKUMAR SURENDRA PEDDAPALLI
                                             VERSUS
                           THE STATE OF MAHARASHTRA & OTHERS
                                                 ...
                            Advocate for the petitioner : Mr.P.N.Kalani
                          APP for Respondent-State : Mrs.M.N.Ghanekar
                                                 …

                                      CORAM :       SANDIPKUMAR C. MORE &
                                                    VAISHALI PATIL-JADHAV,JJ.

                                      DATE     :    28.09.2026


                 P.C. :


                 1]          Heard. Though the petitioner is seeking direction

                 to register FIR against the respondent nos.2 to 6 by adding

                 offence under Section 307 of the Indian Penal Code in

                 addition to existing offences in FIR No.201 of 2023, but as

                 per the report of Resource Personnel, charge sheet is already

                 filed in both FIR bearing Nos.201/2023 and 203/2023. But

                 further RCC Nos. 734/2023 and 751/2023 are already

                 registered pursuant to the aforesaid FIRs and pending before

                 the concerned Chief Judicial Magistrate, Parbhani.
                                                            1474.23WP

                                  2




2]          The learned counsel for the petitioner placed

reliance on the judgment of the Hon’ble Apex Court in the

case of Vinubhai Haribhai Malaviya and others Vs. State

of Gujarat and another reported in [2019] 17 SCC 1

wherein it is observed that power to make order regarding

further investigation under Section 173 (8) of the Criminal

Procedure   Code    is   still   available   with   the   concerned

Magistrate even at post-cognizance stage until charge is

framed. The learned counsel for the petitioner now seeks

liberty to agitate grievance of the petitioner before the

concerned Chief Judicial Magistrate, Parbhani as regards

addition of offence under Section 307 of the Indian Penal

Code by making further investigation, if required.



3]          In view of the same, we dispose of this Petition,

with liberty to the petitioner as aforesaid.




[VAISHALI PATIL-JADHAV]               [SANDIPKUMAR C.MORE]
        JUDGE                              JUDGE

DDC

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