Case Note & Summary
The dispute arose from a murder case where the appellant's son was killed by unknown persons. An FIR was lodged, and after initial investigation and chargesheet, the appellant sought further investigation, leading to a supplementary chargesheet against additional accused. The Secretary (Home), State of UP, ordered further investigation by CBCID, which the appellant challenged through a writ petition in the High Court, but it was dismissed. The appellant then appealed to the Supreme Court. The core legal issue was whether the High Court erred in dismissing the writ petition against the order for further investigation. The appellant argued that the further investigation was necessary for a fair probe, while the respondents likely contended against it. The Supreme Court analyzed Section 173(8) of the Code of Criminal Procedure, 1973, which permits further investigation, and emphasized the High Court's power under Article 226 of the Constitution to ensure justice. The Court reasoned that the administrative order for further investigation was aimed at uncovering the truth and should not have been interfered with by the High Court. Consequently, the Supreme Court allowed the appeal, set aside the High Court's order, and directed that the further investigation proceed as ordered.
Headnote
A) Criminal Procedure - Further Investigation - Section 173(8) Code of Criminal Procedure, 1973 - The appellant, mother of the deceased, challenged the High Court's dismissal of her writ petition against an order for further investigation by CBCID - The Supreme Court held that further investigation is permissible under Section 173(8) and the High Court should not have interfered with the administrative order directing such investigation, as it aims to ensure fair investigation and justice - The Court allowed the appeal and set aside the High Court's order (Paras 1-3).
Issue of Consideration
Whether the High Court erred in dismissing the writ petition challenging the order for further investigation by CBCID in a murder case
Final Decision
Supreme Court allowed the appeal, set aside the impugned judgment and order of the High Court, and directed that the further investigation by CBCID as per order dated 13.02.2019 proceed
Law Points
- Further investigation permissible under Section 173(8) of Code of Criminal Procedure
- 1973
- High Court's power under Article 226 of Constitution of India to direct further investigation
- principles of fair investigation and justice to victim's family
