9911796707
TMI Blog2023 (4) TMI 1354X X X X Extracts X X X X X X X X Extracts X X X X ..... ffences on the ground that the CBI could not have undertaken further investigation under sub section (8) of Section 173 of the Code of Criminal Procedure, 1973 (for short, 'the CrPC') and filed a chargesheet having once already submitted a final report under sub section (2) of the Section 173 of the CrPC (closure report)? In other words, whether the High Court was right in taking the view that the Special Court could not have taken cognizance upon the chargesheet filed by the CBI based on further investigation having once already filed a closure report in the past and the same having been accepted by the court concerned at the relevant point of time? FACTUAL MATRIX 4. The respondent No. 3 herein D. Dwarakanadha Reddy (Accused No. 1) joined the services of the Customs Department as a Preventive Officer in the year 1993. 5. In January, 2003, the respondent No. 3 was promoted as an Appraiser in Customs Department. 6. On 30.06.2006, the office of Superintendent of Police (CBI) was in receipt of the following information: (i) D. Dwarakanadha Reddy (A-1) was holding the post of Appraiser, Customs Department since 2004, and his main income was his salary. (ii) His wife D. Sujana ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... partmental Action against A1. Pronounced by me in the Open Court, this the 29th day of January 2009. Principal Spl. Judge for CBI Cases" 10. On 24.02.2012, departmental proceedings were initiated against the accused No. 1. 11. It appears from the materials on record that at the end of the departmental proceedings, the possession of disproportionate assets could not be established. However, an administrative warning was issued to the accused No. 1 for the lapse on his part to intimate his department the fact of having obtained a loan of Rs. 3, 00, 000/- (Rupees Three Lakh) from the Andhra Bank jointly along with his wife. An administrative warning was also issued in regard to not intimating the correct expense incurred by the accused No. 1 towards the construction of the house. 12. On 26.06.2013, the CBI filed the Crl. MP 3833/2013 in RC MA 1 2006 A0027 under Section 173(8) of the CrPC, seeking to reopen and undertake further investigation of the case, stating inter alia as follows: "...the prosecution had filed final report under Section 173 Cr.P.C. before this Hon'ble Court on 24.12.2008 with a prayer to close the FIR as a mistake of fact..." "... It is humbly submi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) Under 173(8) of the CrPC, a police officer can carry on further investigation even after a report under Section 173(2) of the CrPC is submitted, in view of Section 173(8) of the CrPC and held in Vinay Tyagi v. Irshad Ali alias Deepak and Others reported in (2013) 5 SCC 762, with the only rider being that the police should seek formal permission from the Court. (iii) Acceptance of the final report by the Magistrate does not debar him from taking cognizance if on further investigation, fresh material comes to light. (iv) In the CBI counter, it is stated that fresh material was received in the year 2013 which warranted reopening of the investigation. (v) The Magistrate's power to order further investigation under Section 156(3) of the CrPC does not conflict with the power of the police to investigate further in light of Section 173(8) of the CrPC, and therefore the Magistrate can order reopening of the investigation. (vi) This can of course only be done when fresh material comes to the knowledge of the investigating officer which he did not have before as in the present case. (vii) Since the CBI has collected fresh material connected with the case which were not avail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of 2014. 23. It appears that the respondent No. 3 herein also filed Crl. O.P. No. 411 of 2016, seeking quashing of the chargesheet. The High Court vide order dated 08.01.2016 allowed the Crl. O.P. No. 411 of 2016 filed by D. Dwarakanadha Reddy in terms of the order passed by it dated 15.12.2015, holding that the same principles and reasonings would apply to the petition filed by the D. Dwarakanadha Reddy too. 24. Thus, the High Court ultimately quashed the entire prosecution, essentially on the ground that the Special Court (CBI) had no jurisdiction/power to grant permission to the CBI to conduct further investigation. In other words, the High Court took the view that the chargesheet filed against the accused persons was the outcome of the materials collected during the course of the further investigation, which by itself was illegal and, therefore, the criminal proceedings would not be maintainable in the eye of law. It appears that the High Court was also cognizant of the fact that a Coordinate Bench had earlier set at rest all the issues vide order dated 11.09.2014 passed in the Crl. O.P. No. 6371 of 2014. However, the same was not looked into on the ground that the said orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SONS 30. On the other hand, all the appeals have been vehemently opposed by the learned counsel appearing for the accused persons, submitting that no error, much less an error of law could be said to have been committed by the High Court in passing the impugned orders. The learned counsel would submit that the acceptance of a closure report by the Special Court (CBI) would terminate the proceedings finally and the same would thereafter operate as a legal bar for the investigating agency to undertake any further investigation in connection with the alleged offence. The learned counsel laid much stress on the fact that for the purpose of granting permission to conduct further investigation, something must be pending before the court concerned in the primary report to enable to file a supplementary report. In the instant case, according to the learned counsel, nothing was pending at the time of passing the order under Section 173(8) of the CrPC. It was pointed out that the FIR was closed and all the evidence collected during the investigation was ordered to be returned to the CBI for the purpose of departmental proceedings. In such circumstances, according to the learned counsel, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial." 35. The perusal of the aforesaid Section would reveal that the Investigating Officer is under an obligation to release such person, who is in custody on executing a bond with or without sureties, if evidence is not sufficient and/or there are no reasonable grounds of suspicion to forward such person to the Magistrate. 36. The plain reading of Section 169 of the CrPC, therefore, postulates that when the Investigating Officer reports his action to the learned Magistrate, it will not be a report, however it will be a report of his action either by the Investigating Officer or by the Officer in-charge of the police station. 37. Section 173 of the CrPC states about the steps to be taken by the Investigating Officer after the completion of the investigation. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich section 170 applies, the police officer shall forward to the Magistrate along with the report- (a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation; (b) the statements recorded under section 161 of all the persons whom the prosecution proposes to examine as its witnesses. (6) If the police officer is of opinion that any part of any such statement is not relevant to the subject-matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request. (7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub-section (5). (8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub- section (2) has been forwarde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Section 173 of the Cr PC, the police has no further powers of investigation, but this argument may be briefly met by the remark that the number of investigations into a crime is not limited by law and that when one has been completed another may be begun on further information received.". 43. After recognition of the right of the police to make repeated investigations under the Old Code in Divakar's case, a three-Judge Bench of this Court in H.N. Rishbud v. State of Delhi reported in AIR 1955 SC 196, held that:- "It does not follow, however, that the invalidity of the investigation is to be completely ignored by the Court during trial. When the breach of such a mandatory provision is brought to the knowledge of the Court at a sufficiently early stage, the Court, while not declining cognizance, will have to take the necessary steps to get the illegality cured and the defect rectified, by ordering such reinvestigation as the circumstances of an individual case may call for. Such a course is not altogether outside the contemplation of the scheme of the Code as appears from Section 202 under which a Magistrate taking cognizance on a complaint can order investigation by the po ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sub section (2) of Section 173 of the CrPC provides that as soon as such investigation is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government. Under sub section (2) of the Section 173 of the CrPC, a police report (chargesheet or Challan) is filed by the police after investigation is complete. Sub section (8) of Section 173 of the CrPC, states that nothing in the section shall be deemed to preclude any further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate. Thus, even where chargesheet or Challan has been filed by the police under sub section (2) of Section 173 of the CrPC, the police can undertake further investigation in respect of an offence under sub section (8) of Section 173 of the CrPC. (Reference: Article titled "Different Aspects of Section 173(8) of the CrPC" by D. Nageswara Rao, Prl.JCJ, Manthani.) What is the meaning of the term "Further Investigation"? 48. In Rama Chaudhary Vs. State of Bihar reported in (2009) 6 SCC 346, this Court held that, "furt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. This was highlighted by this Court in K. Chandrasekhar v. State of Kerala [(1998) 5 SCC 223 : 1998 SCC (Cri) 1291] . It was, inter alia, observed as follows : (SCC p. 237, para 24) "24. The dictionary meaning of 'further' (when used as an adjective) is 'additional; more; supplemental'. 'Further' investigation therefore is the continuation of the earlier investigation and not a fresh investigation or reinvestigation to be started ab initio wiping out the earlier investigation altogether. In drawing this conclusion we have also drawn inspiration from the fact that sub-section (8) clearly envisages that on completion of further investigation the investigating agency has to forward to the Magistrate a 'further' report or reports-and not fresh report or reports-regarding the 'further' evidence obtained during such investigation." 8. In view of the position of law as indicated above, the directions of the High Court for reinvestigation or fre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esirable that the police should inform the court and seek formal permission to make further investigation. 11. In such a situation the power of the court to direct the police to conduct further investigation cannot have any inhibition. There is nothing in Section 173(8) to suggest that the court is obliged to hear the accused before any such direction is made. Casting of any such obligation on the court would only result in encumbering the court with the burden of searching for all the potential accused to be afforded with the opportunity of being heard. As the law does not require it, we would not burden the Magistrate with such an obligation." 54. In Hemant Dhasmana v. Central Bureau of Investigation and Another reported in (2001) 7 SCC 536, it was held: "15. When the report is filed under the sub-section the Magistrate (in this case the Special Judge) has to deal with it by bestowing his judicial consideration. If the report is to the effect that the allegations in the original complaint were found true in the investigation, or that some other accused and/or some other offences were also detected, the court has to decide whether cognizance of the offences should be taken ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Head of the Police Department also was not satisfied of the propriety or the manner and nature of investigation already conducted. 13. In Ram Lal Narang v. State (Delhi Admn.) [(1979) 2 SCC 322 : 1979 SCC (Cri) 479 : AIR 1979 SC 1791] it was observed by this Court that further investigation is not altogether ruled out merely because cognisance has been taken by the court. When defective investigation comes to light during course of trial, it may be cured by further investigation, if circumstances so permitted. It would ordinarily be desirable and all the more so in this case, that the police should inform the court and seek formal permission to make further investigation when fresh facts come to light instead of being silent over the matter keeping in view only the need for an early trial since an effective trial for real or actual offences found during course of proper investigation is as much relevant, desirable and necessary as an expeditious disposal of the matter by the courts. In view of the aforesaid position in law, if there is necessity for further investigation, the same can certainly be done as prescribed by law. The mere fact that there may be further delay in conclu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsidered in different contexts. Section 173(8) of the Code is an enabling provision. Only when cognizance of an offence is taken, the learned Magistrate may have some say. But, the restriction imposed by judicial legislation is merely for the purpose of upholding the independence and impartiality of the judiciary. It is one thing to say that the court will have supervisory jurisdiction to ensure a fair investigation, as has been observed by a Bench of this Court in Sakiri Vasu v. State of U.P. [(2008) 2 SCC 409 : (2008) 1 SCC (Cri) 440] , correctness whereof is open to question, but it is another thing to say that the investigating officer will have no jurisdiction whatsoever to make any further investigation without the express permission of the Magistrate." 60. In Vinay Tyagi (supra), it was held that "further investigation" in terms of Section 173(8) of the CrPC can be made in a situation where the investigating officer obtains further oral or documentary evidence after the final report has been filed before the Court. The report on such further investigation under Section 173(8) of the CrPC can be termed as a supplementary report. 61. In Vinay Tyagi (supra), it was held that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld be available at all stages of the progress of a criminal case before the trial actually commences. It would also be in the interest of justice that this power be exercised suo motu by the Magistrate himself, depending on the facts of each case. Whether further investigation should or should not be ordered is within the discretion of the learned Magistrate who will exercise such discretion on the facts of each case and in accordance with law." It was also clarified that, "The "investigation" spoken of in Section 156(3) would embrace the entire process, which begins with the collection of evidence and continues until charges are framed by the Court, at which stage the trial can be said to have begun.". 63. Thus, this Court, in conclusion, observed that, "when Section 156(3) states that a Magistrate empowered under Section 190 may order "such an investigation", such Magistrate may also order further investigation under Section 173(8), regard being had to the definition of "investigation" contained in Section 2(h)." 64. Thus, in view of the law laid down by this Court in the various decisions cited hereinabove, it is well settled that sub section (8) of Section 173 of the CrPC pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made as contemplated by Section 156(3) of the CrPC. A case was registered thereafter, by the police and a final report was submitted on 18.07.1981 stating that complaint was false. The report came to be accepted by the Magistrate on 23.09.1981. It, however, so happened that the Superintendent of Police had independently ordered further investigation on 24.09.1981 and a challan came to be filed by police against the respondents, inter alia, under Sections 420 and 467 of the IPC. The Magistrate took cognizance on 25.06.1984. A challenge was made to this act of the Magistrate before Sessions Judge, Jodhpur, who dismissed the revision. On further approach to the High Court, the revision was allowed and the order of cognizance was set aside. The State came in appeal under Article 136 of the Constitution. 69. This Court observed in paras 3 and 4 respectively as under: 3. A perusal of the impugned judgment of the High Court shows that it took the view that the Magistrate had no jurisdiction to take cognizance after the final report submitted by police had been once accepted. Shri Gupta, appearing for the appellant, contends that this view is erroneous in law inasmuch as Section 173(8) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the CBI. Pursuant to such recommendation, the Government of Kerala by a notification dated 02.12.1994 accorded its consent under Section 6 of the Delhi Special Police Establishment Act, 1946 (for short, 'the Act') for further investigation of the case by the CBI. Accordingly, the CBI took up the investigation. After completion of the investigation, on 16.04.1996, the CBI filed its report in the final form under Section 173(2) of the CrPC, stating that the charges were not proved and were false. Accepting the report, the Magistrate discharged the accused-appellants. Thereafter, on 27.6.1996, the Government of Kerala issued a notification withdrawing the consent earlier given to the CBI to investigate the said case. The object of the said notification was to enable a reinvestigation of the case by a team of State Police Officers. By a mandatory notification dated 08.07.1996, the words "reinvestigation of the case" were substituted by the words "further investigation of the case". The State Government notification dated 27.6.1996 (as amended) was upheld by the High Court. This Court held that, from a plain reading of Section 173 of the CrPC, it is evident that even after submission of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ite of the request made to it by the UPSC did not inform about the filing of the final report seeking closure of the case to the UPSC. The report was returned by the learned Metropolitan Magistrate as notice had not been issued to the complainant by the CBI though the CBI had asserted that it had informed the UPSC regarding the filing of the closure report. The final report was resubmitted by the CBI to the Court of the Metropolitan Magistrate along with a copy of the notice sent by the CBI to the UPSC. It appears that the report was again returned by the Metropolitan Magistrate seeking proof of service of notice on the de facto complainant. While the proceedings of submission of the final report were pending, the UPSC addressed a letter to the Director of CBI pointing out that the investigation had not been carried out properly and that the filing of the closure report was not justified. While the UPSC was awaiting further communication from the CBI in that behalf, the CBI resubmitted the closure report and the learned Metropolitan Magistrate accepted the final report submitted by the CBI and closed the file without any opportunity being provided to the UPSC to have its say. Upon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aid decision of the Supreme Court, it appears that though the order passed by the learned Magistrate accepting a final report under Section 173 is a judicial order, there is no requirement for recalling, reviewing or quashing the said order for carrying out further investigation under Section 173(8) of the CrPC. As held by this Court in the said decision, the provisions of Section 173(8) of the CrPC have been enacted to take care of such like situations also. 74. In N.P. Jharia v. State of M.P. reported in (2007) 7 SCC 358, proceedings had been initiated against the appellant therein in connection with possession of pecuniary resources disproportionate to his known sources of income. After investigation the Special Police Establishment (SPE) submitted a "final report" on 01.03.1990 informing the court that no offence was made out against the appellant. The final report was accepted by the Special Judge on 17.04.1990. But on 01.07.1992, the SPE submitted an application before the Special Judge, seeking permission for further investigation. The Special Judge permitted further investigation. Thereafter, the sanction for prosecution was obtained from the State Government on 01.03.1995 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us, a conspectus of the aforesaid decisions of this Court rendered in cases where final reports (closure reports) had already been submitted and accepted makes the position of law very clear that even after the final report is laid before the Magistrate and is accepted, it is permissible for the investigating agency to carry out further investigation in the case. In other words, there is no bar against conducting further investigation under Section 173(8) of the CrPC after the final report submitted under Section 173(2) of the CrPC has been accepted. It is also evident, that prior to carrying out a further investigation under Section 173(8) of the CrPC, it is not necessary for the Magistrate to review or recall the order accepting the final report. 77. We may summarise our final conclusion as under: (i) Even after the final report is laid before the Magistrate and is accepted, it is permissible for the investigating agency to carry out further investigation in the case. In other words, there is no bar against conducting further investigation under Section 173(8) of the CrPC after the final report submitted under Section 173(2) of the CrPC has been accepted. (ii) Prior to carry ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the Police should inform the Court and seek formal permission to make further investigation as observed in Bhagwan Samardha Sreepada Vallabha Venkata Vishwadaha Maharaj Vs. State of AP (AIR-1999-SC-2332). 6. Although sub section (8) of Section 173 of Cr.P.C does not, in specific terms, mention about the powers of the court to order further investigation, the power of the police to conduct further investigation envisaged therein can be triggered into motion at the instance of the court. Therefore, acceptance of final report by Magistrate does not debar him from taking cognizance of the offence if no further investigation fresh materials come to light. In such a situation, the power of the court to direct the police to conduct further investigation cannot have any inhibition. There is nothing in Section 173(8) of Cr.P.C to suggest that the court is obliged to hear the accused before any such direction is made. 7. In the instant case, in the counter filed by the Respondent/CBI, it is specifically stated that in the year 2013, CBI received certain information/materials warranting reopening of the investigation. Accordingly, the Inspector of Police, CBI/ ACB has filed a petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not debar him from taking cognizance of the offence if on further investigation fresh materials come to light. 12. Mr. N. Chandrasekaran, the learned Special Public Prosecutor has contended that there is no legal bar to the reopening of the investigation of any case in which closure report has been submitted if there are sufficient, cogent fresh materials to proceed against the accused persons. I find all force in his submissions. Having considered the rival contentions of both the parties, I am of the opinion that in view of the facts that the Inspector CBI/ACB has collected some fresh materials connected with this case, which were not available to the Investigating Officer earlier, it cannot be said that the learned Principal Special Judge for CBI cases had acted beyond its jurisdiction by ordering reopening of the investigation of the case. 13. For the reasons stated above, I find full force in the contentions raised by the learned Special Public Prosecutor for CBI Cases. I, therefore, do not find any illegality in the impugned order which warrants any interference by this court." (Emphasis supplied) 79. It goes without saying that the aforesaid judgment delivered by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on'ble Supreme Court, it is discernible that after getting a final report under section 173(2) of the said code, the concerned Magistrate is having power, either to take cognizance or to direct the investigating agency to conduct further investigation as per section 173(8) of the said code. 12. Even a mere reading of Section 173 of the Code and its subclauses, would get to show that after getting a final report, the concerned Magistrate is having unfettered right of granting further investigation as envisaged in sub-clause(s) of Section 173 of the said code. 13. But, the legal position involves in the present petitions is otherwise. The legal point is as to whether after closure of final report, as well as First Information Report, whether the concerned Magistrate is having power to grant permission either to conduct further investigation/re-investigation/de-novo investigation. 14. At this juncture, it would be condign to look into the real dictionary meaning of "further investigation". The dictionary meaning of 'further' (when used as an adjective) is additional; more; supplemental'. 'Further' Investigation therefore is the continuation of the earlier inve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he final report filed in Calendar Case No.13 of 2015. Since the permission granted to the respondent for conducting re-investigation or further investigation by the Principal Special Judge for CBI Cases, Chennai is totally illegal and since the subsequent proceedings are also entirely bad in law, it is needless to say that the final report filed thereon is also both factually and legally not sustainable. Under the said circumstances, the legal point raised on the side of the petitioner is really having subsisting force. On that score alone, these petitions are liable to be allowed." (Emphasis supplied) 80. Thus, one Co-ordinate Bench of the High Court, virtually sat in appeal over the judgment of another Co-ordinate Bench and took a contrary view. The learned Single Judge says in his impugned order that the High Court in its earlier order dated 11.09.2014 referred to above omitted to consider the decision of this Court in the case of Vinay Tyagi (supra) and therefore, per incuriam whereas, the decision of this Court in the case of Vinay Tyagi (supra) was very much looked into and has been referred to in the order dated 11.09.2014. Thus, two contrary views have been taken by di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g, itself gives effect to that view the result would be utter confusion. The position would be equally bad where a Judge sitting singly in the High Court is of opinion that the previous decision of another Single Judge on a question of law is wrong and gives effect to that view instead of referring the matter to a larger Bench. In such a case lawyers would not know how to advise their clients and all courts subordinate to the High Court would find themselves in an embarrassing position of having to choose between dissentient judgments of their own High Court." (emphasis added) 79. In Lala Shri Bhagwan v. Ram Chand [AIR 1965 SC 1767] Gajendragadkar, C.J. observed : (AIR p. 1773, para 18) "18. ... It is hardly necessary to emphasise that considerations of judicial propriety and decorum require that if a learned Single Judge hearing a matter is inclined to take the view that the earlier decisions of the High Court, whether of a Division Bench or of a Single Judge, need to be reconsidered, he should not embark upon that enquiry sitting as a Single Judge, but should refer the matter to a Division Bench or, in a proper case, place the relevant papers before the Chief Justice to enab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e superior judiciary will do incalculable harm to the system inasmuch as the courts at the grass roots will not be able to decide as to which of the judgments lay down the correct law and which one should be followed. 91. We may add that in our constitutional set-up every citizen is under a duty to abide by the Constitution and respect its ideals and institutions. Those who have been entrusted with the task of administering the system and operating various constituents of the State and who take oath to act in accordance with the Constitution and uphold the same, have to set an example by exhibiting total commitment to the constitutional ideals. This principle is required to be observed with greater rigour by the members of judicial fraternity who have been bestowed with the power to adjudicate upon important constitutional and legal issues and protect and preserve rights of the individuals and society as a whole. Discipline is sine qua non for effective and efficient functioning of the judicial system. If the courts command others to act in accordance with the provisions of the Constitution and rule of law, it is not possible to countenance violation of the constitutional princi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n criminal jurisprudence? It has a twin purpose: Firstly, the investigation must be unbiased, honest, just and in accordance with law; secondly, the entire emphasis on a fair investigation has to be to bring out the truth of the case before the court of competent jurisdiction. ...." 87. Reference may also be placed on the decision in Pooja Pal v. Union of India and Others reported in (2016) 3 SCC 135, where the fundamental rights enshrined under Article 21 of the Constitution of India were discussed in the context of "speedy trial" juxtaposed to "fair trial" in the following manner: "83. A "speedy trial", albeit the essence of the fundamental right to life entrenched in Article 21 of the Constitution of India has a companion in concept in "fair trial", both being inalienable constituents of an adjudicative process, to culminate in a judicial decision by a court of law as the final arbiter. There is indeed a qualitative difference between right to speedy trial and fair trial so much so that denial of the former by itself would not be prejudicial to the accused, when pitted against the imperative of fair trial. As fundamentally, justice not only has to be done but also must appea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... punishable under Section 13(1)(e) of the 1988 Act against an investigation by a police officer without the knowledge and consent of superior police officer not below the rank of Superintendent of Police. A superior police officer of the rank of Superintendent of Police or any officer higher in rank is required to pass an order before an investigation, if any, for such offence is commenced. It is needless to point-out that, before directing such investigation, the Superintendent of Police or an officer superior to him is required to apply his mind to the information and come to an opinion that the investigation on such allegations is necessary. The argument canvassed on behalf of the accused persons is that there is no such order of the police officer not below the rank of Superintendent of Police in the chargesheet. We do not propose to go into this issue in the present litigation. This issue was not even raised before the High Court. Even otherwise, this is a question of fact and a matter of record. If it is the case of the accused that there is no such order on record, the same may be pointed out to the trial court in the course of the trial. It is for the trial court to verify ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
