HCs can order further investigation, re-probe under CrPC in criminal cases: SC

STATE TIMES NEWS

New Delhi: The Supreme Court Wednesday said the high courts can order further probe or re-investigation in a criminal case to secure the ends of justice even after the charge sheet has been filed and the trial court has failed to order such a probe.
A bench of justices Dinesh Maheswari and Aniruddha Bose was dealing with the legal question as to whether a high court, in exercise of its inherent powers under section 482 of the Code of Criminal Procedure (CrPC), was justified in directing a magistrate to order further investigation when the trial court did not adopt such process after filing of the charge sheet in a criminal case.
Even when the basic power to direct further investigation in a case where a charge-sheet has been filed is with the Magistrate, and is to be exercised subject to the limitations of Section 173(8) CrPC, in an appropriate case, where the High Court feels that the investigation is not in the proper direction and to do complete justice where the facts of the case so demand, the inherent powers under Section 482 CrPC could be exercised to direct further investigation or even reinvestigation, the verdict said.
Penning the 44-page verdict, Justice Meheswari said the CrPC provision, empowering the magistrate to order further probe or re-investigation, do not limit or affect the powers of the High Court to pass an order for further investigation or reinvestigation, if the High Court is satisfied that such a course is necessary to secure the ends of justice.
The apex court, however, said the power to order further probe or reinvestigation is to be exercised sparingly, with circumspection, and in exceptional cases.