Fair investigation can justify further inquiry even after charges, while CBI transfer remains reserved for rare exceptional cases.

Transfer of investigation to an independent agency is an extraordinary power, to be used sparingly and only in rare, exceptional cases; mere allegations against the local police or the seriousness of the accusation are insufficient, so the request to transfer the probe to the CBI was rejected. Constitutional courts, however, retain power to order further investigation, re-investigation or de novo investigation to secure a fair investigation and fair trial even after filing of the charge sheet and framing of charges. Where the investigation appears incomplete or perfunctory, and fairness so requires, further investigation may be directed; here, the investigation was found inadequate in material respects, and further investigation was permitted.

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Issues: (i) Whether the investigation should be transferred to the Central Bureau of Investigation. (ii) Whether further investigation or re-investigation could be directed after filing of the charge sheet and framing of charges.

Issue (i): Whether the investigation should be transferred to the Central Bureau of Investigation.

Analysis: Transfer of investigation to an independent agency is an extraordinary power to be exercised sparingly and only in rare and exceptional cases. Mere allegations against the local police or the existence of a serious accusation do not by themselves justify such transfer. The material on record did not warrant displacement of the State investigating agency in the present case.

Conclusion: The prayer for transfer of investigation to the Central Bureau of Investigation was rejected.

Issue (ii): Whether further investigation or re-investigation could be directed after filing of the charge sheet and framing of charges.

Analysis: The governing principle is that the constitutional courts retain power to ensure a fair investigation and fair trial, and that this power is not barred merely because a charge sheet has been filed or charges have been framed. Where the investigation appears perfunctory or incomplete, and where fairness of the process demands it, further investigation may be ordered to secure complete justice. On the facts, the investigation was found to have been inadequate in material respects, and the State itself acknowledged the need for further investigation.

Conclusion: Further investigation was directed and permitted.

Final Conclusion: The refusal to transfer the investigation to the Central Bureau of Investigation was upheld, but the refusal to permit further investigation was set aside, resulting in a partial success for the appellant and continuation of the criminal process with additional investigation.

Ratio Decidendi: Constitutional courts may direct further investigation, re-investigation, or de novo investigation to secure a fair and just criminal process even after the charge sheet is filed and charges are framed, but transfer of investigation to another agency is warranted only in rare and exceptional cases.

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