High Court's inherent power can order CBI investigation after charge sheet in exceptional cases to secure justice

Section 173(8) preserves the police power of further investigation after filing of the report under Section 173(2), but it does not authorise a fresh investigation or reinvestigation in the ordinary course. The High Court's inherent power under Section 482 remains available to secure the ends of justice, including in exceptional cases where a direction to an independent agency is necessary for a fair and truthful investigation. The distinction between further investigation and reinvestigation is material, and the filing of a charge sheet does not by itself bar such a direction. On the facts stated, the High Court was competent to entrust the investigation to the CBI and the challenge failed.

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Issues: Whether, after filing of the charge sheet, the High Court could direct investigation by the CBI in exercise of its inherent powers, notwithstanding the restriction in Section 173(8) of the Code of Criminal Procedure, 1973, and whether the facts justified such a direction in the interests of justice.

Analysis: Section 173(8) preserves the power of the police to undertake further investigation after submission of the report under Section 173(2), but it does not authorise a fresh investigation or reinvestigation in the ordinary course. However, the inherent power of the High Court under Section 482 is not curtailed by that provision and may be exercised to secure the ends of justice. The distinction between further investigation and reinvestigation is material, and an order directing investigation by an independent agency can be made in exceptional situations where the local investigating agency is not in a position to conduct a fair and truthful investigation. The case law relied upon supports the view that the filing of a charge sheet does not, by itself, bar a direction for investigation by an independent agency when the court is satisfied that such course is necessary to secure justice.

Conclusion: The High Court was competent to entrust the investigation to the CBI, and the direction was justified on the facts. The challenge failed.

Ratio Decidendi: The bar on further investigation contained in Section 173(8) does not limit the High Court's inherent power under Section 482 to order investigation by an independent agency, including after filing of the charge sheet, where such course is necessary to secure the ends of justice in exceptional cases.

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