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SUPREME COURT OF INDIA
M.R. SHAH, C.T. RAVIKUMAR, JJ.
Anant Thanur Karmuse - Appellant
Versus
The State of Maharashtra & Ors. - Respondents
Criminal Appeal No. 13 of 2023
Decided on : 24-02-2023
Criminal Procedure Code, 1973 – Section 173(8) – Further investigation – To do complete justice and in furtherance of fair investigation and fair trial, Constitutional Courts may order further investigation/re-investigation/de novo investigation even after charge-sheet is filed and charges are framed – Allegations in FIR were very serious including misuse of powers by sitting Cabinet Minister and of abducting, kidnapping and beating complainant – Even according to State investigating agency, further investigation is required – Victim has a fundamental right of fair investigation and fair trial – Mere filing of charge-sheet and framing of charges cannot be an impediment in ordering further investigation/re-investigation/de novo investigation, if facts so warrant – Case is made out for further investigation and State agency may be permitted to conduct further investigation and to bring on record further material, which may be in furtherance of fair investigation and fair trial – State investigating agency directed to further investigate into FIR. (Paras 11, 12.1, 12.3, 13 and 14)
Facts of the case:
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, original writ petitioner –victim has preferred present appeal. Short question, which is posed for the consideration of this Court is:
“Whether in the facts and circumstances of the case, High Court is justified in denying the relief of transfer of the investigation to CBI and refusing to order further investigation/re-investigation/de novo investigation?”
Findings of Court:
High Court has committed a very serious error in not ordering and/or permitting the State police agency to further investigate into the FIR bearing Nos. 119 and 120 of 2020. High Court has not considered the relevant aspects narrated hereinabove and therefore interference of this Court is warranted. Impugned judgment and order passed by High Court refusing to transfer the investigation of the FIR No. 120 of 2020 to CBI is hereby confirmed. The impugned judgment and order passed by the High Court refusing to order further investigation/re-investigation is hereby quashed and set aside.
Result : Appeal Partly allowed.
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 Civilian Dress and other two in uniform came to his residence and forcibly took him to the Bungalow of the said Minister. According to the appellant, thereafter, the Minister instructed his men to beat him and make him apologies for circulating the said viral picture of the Minister. The Minister threatened him to delete the post immediately. Thereafter, an ally of the Minister called the appellant on his number as he left his phone in his house and told his wife to delete the controversial post. According to the appellant, he was mercilessly and ruthlessly beaten up by the police personnel present at the premises of the Minister.
2.2 That the appellant went to the Police Station and he got the information that an FIR bearing No. 119 of 2020 under Section 292 of the Indian Penal Code (IPC) and Section 66(E) of the Information and Technology Act has been registered against him by the Police on the complaint of one Mr. Hitesh Wani, accused No. 3 in the present case and close ally of the Minister with sole purpose to threaten him if in case he decides to file a complaint about the said incident. It is the case on behalf of the appellant that thereafter the appellant without fear narrated the entire incident along with the specific allegations against the Minister and the other police officials and registered a complaint against the Minister and his men. However, the names of the Minister, against whom the specific allegations were made and his men were not mentioned in the FIR bearing No. 120 of 2020 dated 06.04.2020 for the offences under Sections 365, 143, 144, 147, 149, 324 and 506(2) in the Vartak Nagar Police Station, Thane. It is the case on behalf of the appellant that the concerned Minister was not named in the FIR as he was the sitting Cabinet Minister in the government of the State.
2.3 That thereafter apprehending and alleging the bias and alleging that the entire investigation has been conducted in sham and casual manner, and nothing significant was done by the Police, the appellant approached the High Court by way of present writ petition praying for transfer of the investigation of the aforesaid FIRs to the Central Bureau of Investigation (CBI), Mumbai or any other agency.
It appears that thereafter various interim orders came to be passed by the High Court in the writ petition and the investigating agency of the State was compelled to carry out the investigation. The Police filed the chargesheet initially without naming the concerned Minister namely, Mr. Jitendra Awhad as accused. However, thereafter and during the pendency of the writ petition before the High Court and in view of the constant monitoring of the investigation by the High Court, the Minister Mr. Jitendra Awhad was added as accused two years after the said incident. That thereafter d
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