Independent further investigation in custodial death cases may be ordered when the existing probe appears partisan or incomplete.

A custodial death investigation was found, on the prima facie record, to be lacking in fairness, objectivity, and candour, with shifting versions of the cause of death and repeated changes in the offences during investigation. In those circumstances, the Court held that the interests of justice required an independent and thorough further investigation. Because a charge-sheet had already been filed, the trial court was directed to invoke Section 173(8) of the Code of Criminal Procedure, 1973 and require the Central Bureau of Investigation to conduct the further investigation.

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Issues: Whether the investigation into the custodial death case required to be entrusted to an independent authority for fresh and thorough investigation.

Analysis: The record disclosed prima facie that the police investigation was not forthright, objective, or fair, and that there was an apparent attempt to protect the officers against whom serious allegations had been made. The matter involved allegations of custodial torture and death, shifting versions of the cause of death, and repeated alteration of the offences during investigation. In these circumstances, the Court held that the interests of justice required an independent and thorough further investigation. Since a charge-sheet had already been filed, the trial court was directed to exercise power under Section 173(8) of the Code of Criminal Procedure, 1973 and to require the Central Bureau of Investigation to conduct the further investigation.

Conclusion: The investigation was directed to be transferred for further investigation by the Central Bureau of Investigation, and the request for an independent investigation was allowed.

Final Conclusion: The decision ensured an independent and objective further investigation in a serious custodial death case where the existing police investigation appeared partisan.

Ratio Decidendi: Where the existing investigation in a serious criminal case appears partisan or designed to shield the accused, the court may direct further investigation by an independent agency under Section 173(8) of the Code of Criminal Procedure, 1973 in the interests of justice.

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