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2013 Supreme(SC) 207
SUPREME COURT OF INDIA
H.L. DATTU AND RANJAN GOGOI, JJ.
VIJAY KUMAR THAKUR - Petitioner
VERSUS
STATE OF KARNATAKA & ORS. - Respondents
Writ Petition (Criminal) No. 113 of 2012
Decided on : 4-3-2013.
The court has the discretion to direct the appropriate authority to conduct an investigation in the interest of justice.
Headnote:
Investigation - State CID - The court directed the State CID, headed by an officer of the rank of D.G.P., to conduct a fair and impartial investigation into the murder case within six months.
Fact of the Case:
The petitioner filed a Writ Petition seeking directions for a fair and impartial investigation into a murder case by the CBI. The respondents sought modification to have the investigation conducted by the State CID instead.
Finding of the Court:
The court found the submission to have the investigation conducted by the State CID headed by a police officer of the rank of D.G.P. to be reasonable and in the interest of the petitioner. The court directed the State CID to conduct the investigation within six months.
Issues: The main issue was the appropriate authority to conduct the investigation into the murder case.
Ratio Decidendi: The court considered the submission to have the State CID, headed by an officer of the rank of D.G.P., conduct the investigation as reasonable and in the interest of the petitioner.
Final Decision: The Writ Petition was disposed of with the direction for the State CID to conduct the investigation.
ORDER
1. Rule nisi.
2. The main prayer sought for in this Writ Petition filed under Article 32 of the Constitution of India, is as under: “A) Issue necessary directions to the Director, CBI, New Delhi- Respondent No.4 for conducting fair and impartial investigation into the matter so as to find out the real culprits involved in the murder case to meet the ends of justice;....”
3. Shri Siddharth Luthra, learned Additional Solicitor General, appearing for some of the respondents in the Writ Petition would seek for modification in grant of the aforesaid prayer and submit that instead of this Court directing the Director, CBI, New Delhi to conduct the investigation into the complaint filed by the petitioner, the same could be conducted by the State Criminal Investigation Department (for short 'the C.I.D.'), headed by a police officer of the rank of Director General of Police (for short ‘the D.G.P.).
4. Though Shri Nagendra Rai, learned senior counsel appearing for the petitioner has some reservations on the aforesaid submission made by Shri Luthra, we are of the considered opinion that the same appears to be very reasonable and, if the complaint filed by the petitioner is transferred to the State C.I.D. headed/monitored by a police officer of the rank of D.G.P., it should satisfy the interest of the petitioner.
5. In that view of the matter, we now direct the State C.I.D., which is headed by an officer of the rank of D.G.P. to conduct the proceedings and impartially investigate into the complaint filed by the petitioner as expeditiously as possible, at any rate, within an outer limit of six months from the date of receipt of a copy of this order.
6. The Registry is directed to send a copy of this order to the D.G.P, Karnataka for further necessary action.
7. The Writ Petition is disposed of accordingly. Ordered accordingly.
