IMPORTANT POINT
The court established that further investigation must be conducted by the same agency that filed the charge sheet, ensuring adherence to procedural law.

ORDER :

AGAPRASANNA, J.

The State is knocking at the doors of this Court calling in question an order passed by the learned Special Judge in Spl.C.No.1897/2023, directing further investigation to be conducted by the Crime Investigation Department (for short ‘the CID’), which was not the Investigating Agency which had earlier conducted investigation.

2. Heard Sri Jagadeesha B.N., learned Additional State Public Prosecutor along with Sri Thejesh P., learned High Court Government Pleader for the petitioner and Sri Murthy D. Naik, learned senior counsel for Sri Sandeep C.T., learned counsel for respondent.

3. Facts in brief, germane, are as follows:

A crime comes to be registered in Crime No.208/2023 for offences punishable under Sections 302 r/w. 34 of the IPC on an incident that happens on the same day. The police file a charge sheet before the concerned Court after completion of investigation for the aforesaid offences. After filing of the charge sheet, CW.3 - mother of the deceased files an application under Section 156(3) of the Cr.P.C. seeking further investigation to be done in the case. While the application was sought only for further investigation, the concerned Court allows the application by directing investigation to be conducted by a different Investigating Agency. Aggrieved by the said order, the State is before this Court in the subject petition.

4. Sri Jagadeesha B.N., learned Additional State Public Prosecutor for the State would vehemently contend that the crime was registered for the offences under Sections 302 r/w. 34 of the IPC. The jurisdictional police submit a charge sheet after recording the statements of 45 witnesses for several offences. The mother of the deceased then files an application seeking further investigation after the final report so filed. The concerned Court ought to have allowed the application, the way it was sought but the concerned Court directs investigation at the hands of different Investigating Agency. This is contrary to law, is his submission.

5. Sri Murthy D. Naik, learned senior counsel representing the defacto complainant would submit that the application so filed seeking further investigation was not at the hands of the different agency but at the hands of the very jurisdictional police, who had conducted the investigation. The application to that effect is also appended to the petition. He would submit that if a direction is issued for further investigation into the matter, it would suffice.

6. I have given my anxious consideration to the submissions made by the learned counsel for the respective parties and have perused the material on record.

7. The afore-narrated facts are not in dispute. The issue lies in a narrow compass. A crime comes to be registered in Crime No.208/2023 for the offences punishable under Sections 302 r/w. 34 of the IPC. The police conduct investigation and file a charge sheet invoking several offences they are, Sections 302, 201, 120B r/w. 34 of the IPC and Section 3(1)(s), 3(1)(r) and 3(2)(va) of the Scheduled Castes and the Scheduled extent and Tribes (Prevention of Atrocities) Act, 1989. After filing of the charge sheet, an application comes to be filed by CW.3 – mother of the deceased seeking further investigation. The prayer in the application reads as follows:

“WHEREFORE, in view of the afore mentioned facts, circumstances the dependent humbly prays this Hon'ble Court may be pleased to:

(1) To Partly disagree with the Final report/ opinion of the Investigating Officer submitted to this court in the Final Report of the Investigating Officer filed on 21-08-2023 as it's the opinion of the I.O and,

(ii) Order further investigation as empowered under section 156(3) of CrPC-1973 to ensure fair and just investigation.

(iii) To pass any such order/orders as this Hon'ble Court may feel just and necessary, in the interest of Justice.”

(Emphasis added)

Upon the said application, the concerned Court passes the following order:

“ORDER

The Application filed by the applicant un