Transfer of investigation by high court
Sonia Prabhu
(Querist) 04 February 2013
This query is : Resolved
Dear Experts my Criminal WP (praying for transfer of investigation to CBI, in Bombay High Court) has reached a very crucial and final stage of hearing and at this point the Honorable court has asked me argue on Law point as to on which grounds can they entertain my petition for transfer of investigation when a charge sheet is filed. hence I need your help to kindly guide me.
Details:
A supplementary charge sheet has been filed by SIT ( specially appointed for me in my previous petition by High Court in connected matter) But since we were not satisfied with the Supplementary charge sheet Court granted us liberty to file a fresh petition regarding the same.
With this order we filed fresh petition asking for transfer of investigation to CBI as the supplementary charge sheet has many lacunae ( 1500 evidences in form of documents have been submitted to prove the lacunae)
The High court has asked me to show under which section:
1) if there is any section under which they can transfer the investigation as the charge sheet is already filed in the trial court,
And
2) As my argument was that further investigation can be conducted till the original complainant is satisfied.
The court asked under which sec dose this fall that the original complainant be satisfied for deeper investigation.
I require your help if there are any other sections I can rely on else on this ground my petition will be dismissed and it will be causing injustice to victims of the crime.
Adv.R.P.Chugh
(Expert) 04 February 2013
Dear Ms.Prabhu,
The High Court certainly has the power to order investigation u/s 482 of the CrPC if the same is expedient in the ends of justice, even if a chargesheet has already been filed. Couple this with Article 226 - wherein the matter involves fundamental rights of the victims or the society as a whole for that matter, the scope gets pretty wide. and Section 173(8) of CrPC which talks about further investigation is not an impediment to High Court's inherent powers to do justice.
Here is a citation that might help you well : State of Punjab v. CBI, (2011) 9 SCC 182
Ss. 482 and 173(8) - Exercise of inherent power suo motu to direct fresh investigation after filing of charge-sheet -
Scope of, and when valid - Sex scandal - Investigation relating to series of FIRs starting from alleged rape of wife by
husband and others - Investigation finding some FIRs being false and in others charge-sheet being filed - High Court
taking suo motu notice of news items headlined ``Moga Sex Scandal'' and directing fresh investigation and thereby a fifth
FIR being registered under Ss. 376, 342 and 34 IPC - High Court directing fresh investigation, held, valid - Provisions in
CrPC like S. 173(8) cannot limit or affect inherent powers of High Court to make such orders like fresh investigation or
reinvestigation as may be necessary to give effect to any order of court or to prevent abuse of any process of court or
otherwise to secure ends of justice, (2011) 9 SCC 182-A
Criminal Procedure Code, 1973
S. 482 vis--vis S. 173(8) - Effect of S. 173(8) on powers of High Court and courts subordinate to High Court,
distinguished, (2011) 9 SCC 182-B
Criminal Procedure Code, 1973
Ss. 482 and 173(8) - Direction for investigation by independent agency after filing of charge-sheet - Power of High Court
- Caution to be exercised - Entrustment of investigation to CBI - Justifiability - High Court finding: (a) involvement of
administrators, senior police officers and politicians affecting fair and just investigation, and (b) that justice would not be
done if local police investigates - CBI investigation directed under S. 482, therefore, held, justified, (2011) 9 SCC 182-C
**
Good Luck !
Bharat Chugh - Advocate Supreme Court of India
Blog : www.advocatebharatchugh.wordpress.com, www.bharatchugh.wordpress.com
Stay Connected on Facebook ! www.facebook.com/advocatebharatchughonthelawsofindia
Sonia Prabhu
(Querist) 04 February 2013
Thank you Adv Chug your reply is indeed a big relief.
But since I am sure that High Court will find various ways of not executing their powers under 482 is there any other or additional sections I can use for my support. Bec It has been observed that High Court is reluctant to use there such powers. But believe me ours is a case that deserves the privilege of High Court to use this exclusive power.
Thank you once again.
Devajyoti Barman
(Expert) 05 February 2013
You should have added section 483 crpc with the existing one.
The court can at any stage of hearing pass order for re investigation by special agency.
R.K Nanda
(Expert) 05 February 2013
agree with Barman.
Raj Kumar Makkad
(Expert) 06 February 2013
Section 483 is more beneficial in the given facts.
Sonia Prabhu
(Querist) 05 March 2013
Thanks for your advise Adv Bharat Chugh it was very helpful it did work I must say we succeeded in convincing the Hon'ble Court.
