⚖ Sureshkumar Taraji Marwadi v. State of Gujarat

📚 Citation

• 2012 SCC OnLine Guj 3710

• Court: Gujarat High Court

• Jurisdiction: Criminal Miscellaneous Application under Section 482 CrPC

🧾 Facts of the Case

1. An FIR was registered alleging criminal offences against the accused persons.

2. During investigation, the police added additional offences in the FIR based on new material collected.

3. The accused challenged the investigation and argued that police cannot add new offences after registration of FIR.

4. The matter reached the High Court for quashing of the FIR.

⚖ Legal Issue

Whether police can add or alter sections of law during investigation after the FIR is registered?

🧑‍⚖ Judgment / Holding

The Gujarat High Court held:

✔ Police can add or delete penal sections during investigation if evidence justifies it.
✔ FIR is not an encyclopedia of all offences.
✔ Investigation is a dynamic process, and legal sections may change as facts emerge.

Therefore, mere addition of offences during investigation is not illegal.

📜 Key Legal Principles (Ratio)

1️⃣ FIR is not a final document

The FIR only sets the criminal law in motion; it does not determine the final offences.

2️⃣ Investigating officer has power to modify sections

During investigation, if evidence reveals different or additional offences, police may add those sections.

3️⃣ Court should not interfere in investigation prematurely

High Courts should exercise Section 482 CrPC powers sparingly and avoid interfering in ongoing investigation.

⚖ Relevant Legal Provisions

📌 Important Judicial Observation

The court observed:

“The Investigating Officer is empowered to add appropriate sections of law if the material collected during investigation discloses commission of additional offences.”

⚖ Practical Use for Magistrates

This judgment is helpful when:

• Accused argues that police wrongly added sections later

• Applications seeking quashing of FIR due to change of offences

• Objections raised during remand or charge stage

Correct approach:

✔ Addition or alteration of sections is legally permissible
✔ Court should examine evidence at charge stage, not during investigation.

🧠 Viva One-Line Ratio

Police can add or alter penal sections during investigation if evidence justifies it.

⚖ Related Investigation Law Cases