PEETHAMBARAN versus STATE OF KERALA & ANR.

Citation: [2023] 4 S.C.R. 1144 · Decided: 03-05-2023 · Supreme Court of India · Bench: KRISHNA MURARI · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2023] 4 S.C.R.
[2023] 4 S.C.R. 1144
1144
PEETHAMBARAN
v.
STATE OF KERALA & ANR.
(Criminal Appeal No. 1381 of 2023)
MAY 03, 2023
[KRISHNA MURARI AND SANJAY KAROL, JJ.]
Code of Criminal Procedure, 1973: s. 482 – Quashing of
proceedings – Non-exercise of power u/s. 482 – Justification of –
Appellant charged u/s. 420 along with the other accused persons
for cheating the de-facto complainant and other persons for certain
sum in exchange for securing jobs – Registration of FIR – Final
report that as no proper evidence, case should be considered as a
false case – Another final report filed which stated that Inspector
of Police conducted further investigation as per order passed by
District Police Chief – Petition for quashing of the proceedings –
Petition not quashed – On appeal, held: No material on record to
show that the representation made by accused No.1, the appellant
or the de facto complainant, was false or that they had prior
knowledge of such representation being false and made only with
the intention to deceive – Only ingredient was that in the ordinary
course, none of the persons would have given the accused any
money, and thus, were induced to deliver property which otherwise
they would have not – With only one ingredient being fulfilled and
mere statements made to show dishonest intention or falsity of
statement, the threshold of s. 420 is not breached, constituting the
offence – Thus, the non-exercise of the power u/s. 482 not justified
– Order passed by the High Court set aside – Penal Code, 1860 – s.
420.
Code of Criminal Procedure, 1973: s. 173(8) – Report of
police officer on completion of investigation – District Police Chief
ordered the further investigation pursuant to which the second final
report filed – Permissibility of – Held: Magistrate has the power to
order further investigation – Fresh investigation/re-investigation/
de novo investigation fall within the purview of the jurisdiction of a
higher court – Order from the District Police Chief is not the same
as an order issued by the concerned Magistrate – Thus, the District
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Police Chief could not have ordered further investigation, as that
power rests either with the magistrate or with a higher court and
not with an investigating agency.
Investigation: Further investigation and fresh investigation/
re-investigation/de novo investigation – Difference between –
Explained – Code of Criminal Procedure, 1973.
Vinay Tyagi v. Irshad Ali (2013) 5 SCC 762 : [2012] 13
SCR 1005; T.T Antony v. State of Kerala (2001) 6 SCC
181 : [2001] 3 SCR 942; Vinubhai Haribhai Malviya
and Ors v. State of Gujarat 2019 SCC OnLine 1346;
Randhir Singh Rana v. State (NCT of Delhi) (1997) 1
SCC 361 : [1996] 10 Suppl. SCR 880; G.V Rao v. L.H.V
Prasad (2000) 3 SCC 693 : [2000] 2 SCR 123; Hari
Prasad Chamaria v. Bishun Kumar Surekha (1973) 2
SCC 823; Minu Kumari v. State of Bihar (2006) 4 SCC
359 : [2006] 3 SCR 1086; Hemant Dhasmana v. CBI
(2001) 7 SCC 536 : [2001] 1 Suppl. SCR 646; Devendra
Nath Singh v. State of Bihar and Ors. (2023) 1 SCC
48; Paramjit Batra v. State of Uttarakhand (2013) 13
SCC 673; State of Haryana v. Bhajan Lal 1992 Supp
(1) SCC 335 : [1990] 3 Suppl. SCR 259; Neeharika
Infrastructure Pvt. Ltd. v. State of Maharashtra 2021
SCC OnLine 315; Vijay Kumar Ghai and Ors. v. State
of West Bengal and Ors. (2022) 7 SCC 124 – referred
to.
Case Law Reference
[2012] 13 SCR 1005
referred to
Para 7
[2001] 3 SCR 942
referred to
Para 7
[1996] 10 Suppl. SCR 880
referred to
Para 7
[2000] 2 SCR 123
referred to
Para 7
(1973) 2 SCC 823
referred to
Para 7
[2006] 3 SCR 1086
referred to
Para 15
[2001] 1 Suppl. SCR 646
referred to
Para 16
(2023) 1 SCC 48
referred to
Para 19
(2013) 13 SCC 673
referred to
Para 21
PEETHAMBARAN v. STATE OF KERALA & ANR.
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SUPREME COURT REPORTS
[2023] 4 S.C.R.
[1990] 3 Suppl. SCR 259
referred to
Para 22
(2022) 7 SCC 124
referred to
Para 24
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
1381 of 2023.
From the Judgment and Order dated 06.11.2019 of the High Court
of Kerala at Ernakulam in CRLMC No. 6314 of 2018.
Zulfiker Ali P. S., Manoj V. George, Ms. Shilpa Liza George, K M
Vignesh Ram, Nasib Masih, Ms. Darshna Nair, Ms. Akshita Agrawal,
Advs. for the Appellant.
G. Prakash, Adv. for the Respondents.
The Judgment of the Court was delivered by
SANJAY KAROL, J.
Leave Granted.
1. Two questions arise for consideration- one, whether under the
recognized parameters of exercise
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