A superior court may order a re-investigation when an investigation is deemed unfair or lacking credibility, overriding the magistrate's inability to direct such actions.

ORDER :

SACHIN SHANKAR MAGADUM, J.

This petition is filed seeking to quash the FIR in Crime No.412/2024 of Hiriyur Rural Police Station, Dist.Chitradurga, registered for offences punishable under Sections 281 , 125(a), and 106(1) of the Bharatiya Nyaya Sanhita, 2023, against the deceased husband of the petitioner, and the consequent abated charge-sheet filed in C.C. No. 1137/2024.

2. The petitioner further seeks to set aside the order dated 13.12.2024, whereby the learned Magistrate took cognizance of the abated charge-sheet and recorded abatement, and prays for a direction to respondent No. 2 to conduct a fresh investigation and to register an FIR against respondent No. 3/ the lorry driver alleged to have caused the accident.

Facts in Brief:

3. The undisputed facts reveal that the petitioner’s husband, late Sri Siddhalingaswamy, while driving from Bengaluru to Hospet on 30.09.2024 along with his mother, met with a fatal accident near Hiriyur Polytechnic College when his car collided with the rear of a lorry bearing No. TN-52-F-1775. The lorry driver—respondent No.3 lodged a complaint alleging that the deceased driver was rash and negligent. Respondent No.2 registered FIR No. 412/2024, investigated the matter, and filed an abated charge-sheet against the deceased driver of the car. The petitioner contends that the investigation was perfunctory, one-sided and unfair, conducted without recording her statement, and that her attempt to lodge a counter-complaint against respondent No.3 was refused. She accordingly seeks quashing of the FIR and a direction for reinvestigation by a competent and independent agency.

Question for Consideration:

4. The principal question that arises for determination is:

“Whether, after filing of a final report or abated charge-sheet, this Court can, in exercise of its inherent jurisdiction to direct a reinvestigation into the matter; and what criteria govern the exercise of such power?”

Judicial Power to Order Re-Investigation:

5. The power to order a re-investigation lies not with the Magistrate but with the superior courts in exercise of extraordinary or inherent jurisdiction. There are numerous judgments by the Hon’ble Apex Court clarifying the same.

6. In Vinay Tyagi v. Irshad Ali , (2013) 5 SCC 762 , the Hon’ble Supreme Court authoritatively held that:

“The Magistrate has no power to direct re- investigation or de novo investigation in a police-report case.”

7. However, the High Court and Supreme Court, in exercise of their inherent or constitutional powers under Section 482 Cr.P.C. or Article 226, may direct further, fresh or re-investigation in exceptional circumstances, where the ends of justice so demand. The Hon’ble Apex Court further clarified that such direction must be issued sparingly and with circumspection, and may include transfer of investigation to another agency when credibility of the existing investigation stands eroded.

8. In Pooja Pal v. Union of India , (2016) 3 SCC 135 , the Hon’ble Supreme Court reaffirmed that when an investigation suffers from want of fairness, impartiality, or effectiveness, the submission of a charge-sheet or pendency of trial is no bar to ordering further or fresh investigation. The ultimate concern of the Court is to secure justice on the basis of true facts unearthed through a competent agency.

9. Similarly, in Himanshu Kumar v. State of Chhattisgarh, 2022 SCC OnLine SC 884, the Hon’ble Supreme Court emphasized that the sa