Trial Court Can Order Further Investigation In A Case, But Cannot Transfer It To Another Agency: Karnataka High Court

The Karnataka High Court has held that the trial court cannot direct further investigation to be done in a murder case by a different agency, its power is restricted only to order further investigation by the same investigating agency.

A single judge bench of Justice M Nagaprasanna held thus while allowing the petition filed by the State Government and set aside the order of the special court directing further investigation to be carried out by CID.

It said “Power of this Court under Section 482 of the Cr.P.C. cannot be exercised by the concerned Court. It is too well settled principle of law that a power to order investigation, reinvestigation or further investigation is only with the hands of this Court.”

The Mahadevapura police had investigated and filed a chargesheet against the accused under Section 302 r/w section 34 of the Indian Penal Code. The mother of the deceased filed an application under Section 156(3) of the Cr.P.C. seeking further investigation to be done in the case. The concerned court allowed the application and directed the investigation to the hands of a different Investigating Agency.

The court on going through the records said “It is an admitted fact that the investigation was conducted by jurisdictional police i.e., Mahadevapura Police. Directing further investigation by allowing the application for a report to be filed under Section 173(8) of the Cr.P.C. could not have been directed to a different investigating agency i.e., CID. The power of the concerned Court is restricted only to order further investigation by the same investigating agency and not at the hands of the different investigating agency.”

Allowing the petition the court set aside the trial court order and allowed the application of the mother to direct further investigation under Section 173(8) of the Cr.P.C. to be conducted by the jurisdictional police who had submitted their final report and concluded within three months.

Appearance: Additional State Public Prosecutor Jagadeesha B.N for Petitioner.

Senior Advocate Murthy D. Naik for Respondent.

Citation No: 2024 LiveLaw (Kar) 388

Case Title: State By Mahadevapura Police Station AND Padmavathamma C

Case No: CRIMINAL PETITION NO. 7813 OF 2024

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