Further Investigation/Reinvestigation Can Be Ordered By High Court Under Section 482 CrPC In Appropriate Cases: Supreme Court

The Supreme Court observed that the inherent powers under Section 482 CrPC can be exercised by a High Court to direct further investigation or even reinvestigation in an appropriate case.

"The provisions of Section 173(8) CrPC do not limit or affect such powers of the High Court to pass an order under Section 482 CrPC for further investigation or reinvestigation, if the High Court is satisfied that such a course is necessary to secure the ends of justice.". the bench of Justices Dinesh Maheshwari and Aniruddha Bose observed. 

The court added that such powers are to be exercised sparingly, with circumspection, and in exceptional cases.

In this case, while disposing a petition filed under Section 482 CrPC, the High Court directed the Magistrate to give directions to the police to further investigate the case in terms of Section 173(8) CrPC regarding the allegations against the District Manager of the Bihar State Food and Civil Supplies Corporation and to seek the report within a period of three months. 

In appeal before the Apex Court, the appellant raised the following issue : Whether the High Court, in the exercise of its inherent powers under Section 482 CrPC, was justified in issuing directions to the Magistrate to order further investigation though, the Magistrate before whom the charge-sheet had been filed and who had taken cognizance, did not adopt any such process?

The court noted that where the Magistrate is of the opinion that the result of investigation in the form of report filed before him is not satisfactory, he may also order investigation in terms of Sections 156(3) and/or 173(8) CrPC or he may straightway take cognizance under Section 190(1)(c) CrPC. Referring to various judgments on this aspect, the bench summarized as follows:

(a) The scheme of the Code of Criminal Procedure, 1973 is to ensure a fair trial and that would commence only after a fair and just investigation. The ultimate aim of every investigation and inquiry, whether by the police or by the Magistrate, is to ensure that the actual perpetrators of the crime are correctly booked and the innocents are not arraigned to stand trial.

(b) The powers of the Magistrate to ensure proper investigation in terms of Section 156 CrPC have been recognised, which, in turn, include the power to order further investigation in terms of Section 173(8) CrPC after receiving the report of investigation. Whether further investigation should or should not be ordered is within the discretion of the Magistrate, which is to be exercised on the facts of each case and in accordance with law.

(c) Even when the basic power to direct further investigation in a case where a charge-sheet has been filed is with the Magistrate, and is to be exercised subject to the limitations of Section 173(8) CrPC, in an appropriate case, where the High Court feels that the investigation is not in the proper direction and to do complete justice where the facts of the case so demand, the inherent powers under Section 482 CrPC could be exercised to direct further investigation or even reinvestigation. The provisions of Section 173(8) CrPC do not limit or affect such powers of the High Court to pass an order under Section 482 CrPC for further investigation or reinvestigation, if the High Court is satisfied that such a course is necessary to secure the ends of justice.

(d) Even when the wide powers of the High Court in terms of Section 482 CrPC are recognised for ordering further investigation or reinvestigation, such powers are to be exercised sparingly, with circumspection, and in exceptional cases.

(e) The powers under Section 482 CrPC are not unlimited or untrammelled and are essentially for the purpose of real and substantial justice. While exercising such powers, the High Court cannot issue directions so as to be impinging upon the power and jurisdiction of other authorities. For example, the High Court cannot issue directions to the State to take advice of the State Public Prosecutor as to under what provision of law a person is to be charged and tried when ordering further investigation or reinvestigation; and it cannot issue directions to investigate the case only from a particular angle. In exercise of such inherent powers in extraordinary circumstances, the High Court cannot specifically direct that as a result of further investigation or reinvestigation, a particular person has to be prosecuted.

The court, taking note of the facts of the case, said that it is satisfied that the present one had been such a case of exceptional and special features where the High Court was justified in ordering further investigation, particularly qua the role of the appellant. It observed:

"We are of the view that in the given set of facts and circumstances, though the High Court has rightly exercised its powers under Section 482 CrPC for directing further investigation but, has not been justified in making such observations, comments, and remarks, which leave little scope for an independent investigation and which carry all the potential to cause prejudice to the appellant."

Another issue raised was whether the High Court was justified in passing the order impugned without affording an opportunity of hearing to the appellant? The court said that the question of opportunity of hearing in such matters would always depend upon the given set of facts and circumstances of the case. Referring to Popular Muthiah v. State: (2006) 7 SCC 296, the bench said:

"In Popular Muthiah (supra), of course, this Court held that the said appellant against whom the High Court was issuing directions for investigation should have been given an opportunity of hearing but, that had been the observation in the unique and peculiar circumstances of the case where the crime in question had already gone through one round of trial, with one person having been tried and convicted. Moreover, while disapproving unwarranted directions of the High Court as regards prosecution of the appellant, this Court also indicated that the High Court ought to have considered if any purpose would be served by its directions. It cannot be said that in Popular Muthiah, this Court has laid down a rule of universal application that in every such case of exercise of powers under Section 482 CrPC for ordering further investigation (which are even otherwise to be invoked sparingly and in exceptional cases), the Court is obliged to extend an opportunity of hearing to the person whose actions/omissions are to be investigated. In our view, the question of opportunity of hearing in such matters would always depend upon the given set of facts and circumstances of the case"

Case details

Devendra Nath Singh vs State of Bihar | 2022 LiveLaw (SC) 835 | CrA 1768 OF 2022 | 12 October 2022 | Justices Dinesh Maheshwari Aniruddha Bose

Headnotes

Code of Criminal Procedure, 1973 ; Sections 482 and 173(8) - In an appropriate case, where the High Court feels that the investigation is not in the proper direction and to do complete justice where the facts of the case so demand, the inherent powers under Section 482 CrPC could be exercised to direct further investigation or even reinvestigation - The provisions of Section 173(8) CrPC do not limit or affect such powers of the High Court to pass an order under Section 482 CrPC for further investigation or reinvestigation, if the High Court is satisfied that such a course is necessary to secure the ends of justice - The question of opportunity of hearing in such matters would always depend upon the given set of facts and circumstances of the case - While exercising such powers, the High Court cannot issue directions so as to be impinging upon the power and jurisdiction of other authorities. For example, the High Court cannot issue directions to the State to take advice of the State Public Prosecutor as to under what provision of law a person is to be charged and tried when ordering further investigation or reinvestigation; and it cannot issue directions to investigate the case only from a particular angle. In exercise of such inherent powers in extraordinary circumstances, the High Court cannot specifically direct that as a result of further investigation or reinvestigation, a particular person has to be prosecuted. (Para 13, 18)

Code of Criminal Procedure, 1973 ; Section 173(8), 156(3), 190(1)(c) - Where the Magistrate is of the opinion that the result of investigation in the form of report filed before him is not satisfactory, he may also order investigation in terms of Sections 156(3) and/or 173(8) CrPC or he may straightway take cognizance under Section 190(1)(c) CrPC. (Para 11.2)

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