TaxTMI 
TaxTMI 
2011 (9) TMI 954
X X X X Extracts X X X X
X X X X Extracts X X X X
....ion 224 of the IPC was registered against him. In course of investigation of the case, respondent no.3 made a statement before the police under Section 161 of the Code of Criminal Procedure, 1973 (for short `the Cr.P.C.') on 23.04.2007 naming 14 other persons who had sex with her against her will and some of these persons were arrested by Sub-Inspector Raman Kumar. The statement of respondent no.3 was recorded on 25.04.2007 under Section 164 of the Cr.P.C. by the Chief Judicial Magistrate, Moga. On 08.05.2007, the investigation of the case was entrusted to Inspector Amarjit Singh, S.H.O. PS City-I, Moga. Some of the persons named by respondent no.3 in her statements were found to be innocent and were released. After completing the investigation, Inspector Amarjit Singh submitted a charge sheet on 01.06.2007 in Court under Section 173 of the Cr.P.C naming Simran Kaur @ Indu, Ajay Kumar, Vimal Kumar, Subhash Chander, Ramesh Kumar, Randhir Singh, Iqbal Singh, Bharat Bhushan and Inderjit Singh as accused persons. 3. On 04.06.2007 FIR No. 160 was registered under Sections 342, 323 and 506 read with Section 34 of the IPC at PS Baghapuran against several accused persons. One ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....r Range and directed the Deputy Superintendent of Police, Bhupinder Singh, who was investigating into the case, to file the status report of the investigation on the next date of hearing. On 15.11.2007, Bhupinder Kumar was arrested and FIR No. 225 was registered at Police Station Tarawari, Distt. Karnal under Sections 376, 342 and 34 of the IPC against him. On 19.11.2007, status report was submitted before the High Court by Deputy Superintendent of Police, Bhupinder Singh stating that the investigation is still in progress. On 19.11.2007, a Criminal Miscellaneous Application was moved by an advocate on behalf of Bhushan Garg and Inderjit Singh, two Municipal Councilors of Moga, alleging that at the instance of local influential political persons and senior police officers, many innocent persons, including Bhushan Garg and Inderjit Singh were implicated in FIR No.82 dated 18.04.2007 registered with Police Station City-I, Moga. The applicants apprehended that the investigation may not be fair and proper because senior police officers and highly influential persons were involved in the case. 6. When the case was taken up before the High Court on 20.11.2007, the Additional Adv....
X X X X Extracts X X X X
X X X X Extracts X X X X
....sheet is filed, the Court has powers under sub-section (8) of Section 173 of the Cr.P.C. to direct further investigation by the police, but the Court has no power to direct a fresh investigation or reinvestigation into the case by the police. He submitted that the High Court, therefore, could not have directed the CBI to start a fresh investigation or reinvestigation of the case after the police had filed charge sheet under sub-section (2) of Section 173 of the Cr.P.C. In support of this submission, he cited the decision of this Court in Mithabhai Pashabhai Patel v. State of Gujarat [(2009) 6 SCC 332] in which this Court made a distinction between further investigation and reinvestigation and held that under sub-section (8) of Section 173 of the Cr.P.C., the Court can grant permission for further investigation and not for reinvestigation. 9. Mr. Anoop G. Chaudhari, learned counsel for respondent no.3, argued that once challan is filed and charges are framed, the High Court cannot direct reinvestigation by the CBI. He submitted that in the present case, the challan had been filed on 01.06.2007 in respect of FIR No.82, Police Station City-I, Moga dated 18.04.2007 and the ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....82, 1) Investigation completed, dated 18.04.2007 of which revealed that a false P.S. City I, Moga. rape case was registered by the Moga Police Charge sheet has been filed under Sections 366-A and 406 of the IPC and Sections 4 & 5 of the Immoral Traffic (Prevention) Act, 1956 against two persons, namely, Simran Kaur @ Indu and Ajay Kumar on 10.11.2008. 2. RCCHG2007A0030 FIR No.198, Investigation completed dated 24.10.2007 of and charge sheet has been P.S. City I, Moga. filed in Court on 09.11.2009 in which the senior police officers of the rank of SSP and SP are sought to be prosecuted after sanction from the Central Government. 3. RCCHG2008S0003 FIR No.83, 1) Investigation completed dated 19.04.2007 of an....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... (h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under Section 376, 376A, 376B, 376C or 376D of the Indian Penal Code. (ii) The officer shall also communicate, in such manner as may be prescribed by the State Government, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given. x x x x x x x x x x x x x x x x x x x (8) Nothing in this Section shall be deemed to preclude further investigation in respect of an offence after a report under Sub-Section (2) has been forwarded to the Magistrate and, where upon such an investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub-sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2)". "Section 482. Saving of inherent power of High Court - Nothing in this Code shall be deemed to limit or affect th....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... by Mr. Dhawan: "13. It is, however, beyond any cavil that "further investigation" and "reinvestigation" stand on different footing. It may be that in a given situation a superior court in exercise of its constitutional power, namely, under Articles 226 and 32 of the Constitution of India could direct a "State" to get an offence investigated and/or further investigated by a different agency. Direction of a reinvestigation, however, being forbidden in law, no superior court would ordinarily issue such a direction. Pasayat, J. in Ramachandran v. R. Udhayakumar [(2008) 5 SCC 413] opined as under: (SCC p. 415, para 7) "7. At this juncture it would be necessary to take note of Section 173 of the Code. From a plain reading of the above section it is evident that even after completion of investigation under sub-section (2) of Section 173 of the Code, the police has right to further investigate under sub-section (8), but not fresh investigation or reinvestigation." A distinction, therefore, exists between a reinvestigation and further investigation." "15. The investigating agency and/or a court exercise their jurisdiction conferred on them only in terms of the provisions of the Code.....
X X X X Extracts X X X X
X X X X Extracts X X X X
....inter alia the following reasons: "63. The High Court in this case was not monitoring any investigation. It only desired that the investigation should be carried out by an independent agency. Its anxiety, as is evident from the order dated 3-4-2002, was to see that the officers of the State do not get away. If that be so, the submission of Mr. Rao that the monitoring of an investigation comes to an end after the charge-sheet is filed, as has been held by this Court in Vineet Narain and M.C. Mehta (Taj Corridor Scam) v. Union of India [(2007) 1 SCC 110], loses all significance". Though the decision of this Court in Nirmal Singh Kahlon v. State of Punjab & Ors. (supra) is in the context of the power of the High Court under Article 226 of the Constitution, the above observations will equally apply to a case where the power of the High Court under Section 482 of the Cr.P.C. is exercised to direct investigation of a case by an independent agency to secure the ends of justice. 17. This leads us to the next question whether the High Court in the facts of the present case passed the order for investigation by the CBI to secure the ends of justice. The reasons given by the....
X X X X Extracts X X X X
X X X X Extracts X X X X
....circumstances in paragraph 2, 3, 4 and 5 of this judgment also support the conclusion of the High Court that investigation by an independent agency such as the CBI was absolutely necessary in the interests of justice. Moreover, even though the High Court in the impugned order dated 11.12.2007 did make a mention that in case challan has been filed, then the petition will stand as having become infructuous in the order dated 12.12.2007, the High Court has stayed further proceedings before the trial court in the case arising out of FIR No.82 of P.S. City I, Moga, till further orders. Thus, the High Court was of the view that even though investigation is complete in one case and charge sheet has been filed by the Police, it was necessary in the ends of justice that the CBI should carry out an investigation into the case. 18. In the recent case of State of West Bengal and Others v. Committee for Protection of Democratic Rights, West Bengal and Others [(2010) 2 SCC 571] a Constitution Bench of this Court, while holding that no Act of Parliament can exclude or curtail the powers of the High Court under Article 226 of the Constitution, has cautioned that the extra-ordinary powers ....