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2023 Supreme(SC) 163

M. R. SHAH, C. T. RAVIKUMAR
Anant Thanur Karmuse – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Mahesh Jhethmalani, Sr. Adv. Mr. Siddharth Dave, Sr. Adv. Ms. Astha Prasad, AOR Mr. Chirag Shah, Adv. Mr. Utsav Trivedi, Adv. Mr. Ravi Sharma, Adv. Ms. Manini Roy, Adv. Mr. Himanshu Sachdeva, Adv. Mr. Anirudh Ganu, Adv. Mr. Burzin Bharucha, Adv. Mr. Prastut Dalvi, Adv. Ms. Mugdha Pande, Adv. Mr. Aditya Mishra, Adv. Mr. Swapnil Kale, Adv. Ms. Shivani Bhushan, Adv. Mr. Piyush Tiwari, Adv. Ms. Chaitali Jugran, Adv. Ms. Kanjani Sharma, Adv.
For the Respondent(s): Mr. Tushar Mehta, Solicitor General Mr. Siddharath Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv. Dr. Abhishek Manu Singhvi, Sr. Adv. Mr. Shekhar Naphade, Sr. Adv. Ms. Diksha Rai, AOR Mr. Ankit Agarwal, Adv. Ms. Ragini Pandey, Adv. Ms. Atiga Singh, Adv. Mr. Prateek Dhankhar, Adv.

Judgement Key Points

The legal document pertains to a Supreme Court judgment concerning the investigation process in a criminal case involving allegations against a sitting Cabinet Minister and others. The core issue is whether the investigation should be transferred to an independent agency and whether further investigation or re-investigation should be ordered after charges have been filed and charges have been framed.

The Court emphasizes that victims have a fundamental right to a fair investigation and trial. It clarifies that the mere filing of a charge sheet and framing of charges does not preclude the possibility of ordering further investigation if the circumstances warrant it. The Court recognizes that investigations conducted in a perfunctory manner or where serious allegations are involved, especially against influential officials, may require re-investigation to ensure justice and credibility.

The Court discusses the powers of constitutional courts to direct further investigation or transfer investigation to agencies like the CBI, highlighting that such powers are to be exercised sparingly and only in exceptional cases to uphold fairness and public confidence. It notes that investigations can be ordered de novo or re-investigated even after charges are framed, particularly when initial investigations are flawed or incomplete.

In the specific case, the Court finds that the initial investigation was inadequate, especially regarding serious allegations against the accused Minister, and that subsequent investigations only started after judicial intervention. The Court permits the police to conduct a further investigation into the case, leaving the scope of the investigation open to their discretion, and directs that the process be completed promptly.

The judgment confirms the decision of the High Court to refuse transfer of investigation to the CBI but overturns its refusal to allow further investigation. The Court emphasizes the importance of ensuring a fair, thorough investigation to uphold justice and the rights of the victim.


JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature at Bombay dated 26.04.2022 passed in Writ Petition No. 411 of 2021 by which the High Court has dismissed the said writ petition preferred by the appellant herein – the victim seeking transfer of the investigation to Central Bureau of Investigation or to any other agency to investigate/re-investigate the FIR Nos. 119 of 2020 and 120 of 2020 registered at Vartak Nagar Police Station, Thane, the original writ petitioner – the victim has preferred the present appeal.

2. The facts leading to the present appeal and as per the case on behalf of the appellant in nutshell are as under:-

2.1 That the appellant is a Civil Engineer, working as a consultant, shared on his Facebook account on 05.04.2020, a viral picture of one Mr. Jitendra Awhad, the then sitting Cabinet Minister of the State of Maharashtra (who is subsequently arrayed as accused No. 13 after the High Court intervened), criticizing his act of ridiculing the Hon’ble Prime Minister of India. According to the appellant, at around 11.50 pm at night on 05.04.2020, four Policemen, two dressed in Civili


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