A.K.PATNAIK, SWATANTER KUMAR
Vinay Tyagi – Appellant
Versus
Irshad Ali @ Deepak – Respondent
The legal document discusses the procedural aspects and jurisdictional powers of courts, particularly Magistrates and higher courts, in handling criminal investigations and reports under the criminal procedure code. It emphasizes that courts must consider all reports, records, and documents submitted by investigating agencies unless there is a specific order to exclude certain parts or a higher court’s directive to treat reports as non-existent (!) (!) (!) (!) . The document clarifies that Magistrates do not have the authority to order 'fresh' or 'de novo' investigations unless explicitly directed by a higher court with a specific order, and such investigations are generally considered beyond their scope (!) (!) (!) (!) (!) .
It highlights the importance of the investigation process, including initial, further, and supplementary investigations, and underscores that only higher courts can order 'reinvestigation' or 'fresh investigation' in exceptional cases, especially when the investigation is unfair or tainted (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) . The powers of courts to direct investigation are limited to ordering 'further investigation' based on the existing reports, and such orders must be specific and justified (!) .
The document also discusses the nature of reports filed by investigating agencies, including primary reports, supplementary reports, and reports upon further investigation, emphasizing that all such reports, unless excluded by a higher court, form part of the case record and must be considered by the court (!) (!) (!) (!) (!) . It stresses that courts can only discharge or proceed with cases based on the entire record and that the power to direct 'further investigation' is to be exercised cautiously and only in exceptional circumstances to serve the ends of justice (!) (!) .
Furthermore, the order of courts regarding investigation and reports should be interpreted in accordance with the procedural scheme, ensuring that the investigation remains fair and unbiased, and that the rights of the accused are protected (!) (!) (!) . The document ultimately underscores that courts must carefully examine all reports and records before proceeding, and that the authority to order 'reinvestigation' or 'fresh investigation' lies predominantly with higher courts, exercised sparingly and with clear justification (!) (!) (!) (!) (!) .
In conclusion, the legal framework mandates that all investigation reports are part of the case record unless explicitly excluded, and courts should only order further investigation in exceptional cases, ensuring procedural fairness and adherence to legal principles.
JUDGMENT :-
Swatanter Kumar, J.
1. Leave Granted
2. The following two important questions of law which are likely to arise more often than not before the courts of competent jurisdiction fall for consideration of this Court in the present appeal :
Question No.1 : Whether in exercise of its powers under Section 173 of the Code of Criminal Procedure, 1973 (for short, ‘the Code’), the Trial Court has the jurisdiction to ignore any one of the reports, where there are two reports by the same or different investigating agencies in furtherance of the orders of a Court? If so, to what effect?
Question No.2 : Whether the Central Bureau of Investigation (for short ‘the CBI’) is empowered to conduct ‘fresh’/’re- investigation’ when the cognizance has already been taken by the Court of competent jurisdiction on the basis of a police report under Section 173 of the Code?
Facts :-
3. Irshad Ali @ Deepak, Respondent No.1, in the present appeal was working as an informer of the Special Cell of Delhi Police in the year 2000. He was also working in a similar capacity for Intelligence Bureau. Primarily, his profession and means of earning his livelihood was working as a rickshaw puller. On 11th Decem
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