LexSTATE OF PUNJAB versus CENTRAL BUREAU OF INVESTIGATION & ORS.
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[2011] 11 S.C.R. 281 STATE OF PUNJAB v, CENTRAL BUREAU OF INVESTIGATION & ORS. (SLP (Criminal) No. 792 of 2008) SEPTEMBER 02, 2011 [R.V. RAVEENDRAN AND A.K. PATNAIK, JJ.] Code of Criminal Procedure, 1973 - ss. 173 (8) and 482 A B - Investigation into FIR - Charge-sheet filed u/s. 173 against accused person - A/so three more F/Rs lodged - C Subsequently, news item published in newspaper- High Court taking suo motu notice and directing CBI to investigate into· the case - Correctness of - Held: In a case where charge- sheet has been filed, s. 173(8) cannot limit or affect the inherent powers of the High Court to pass an order u/s.482 D for fresh investigation or re-investigation if the High Court is satisfied that such fresh investigation or re-investigation is necessary to secure the ends of justice - As regards investigation by CBI, the High Court held that investigation of the case by the investigating officer, even of the rank of E DSP would not be fair and truthful because senior functionaries of the State police and political leaders were . involved, and justice would not be done if local police investigated - Thus, direction of High Court for investigation by CBI was justified. F Respondent No. 3 filed an FIR against her husband and 'SK' alleging offences u/ss. 366, 376, 406, 420, 506, 344 read with s. 34 IPC. Pursuant thereto, investigation was carried out. Charge-sheet was submitted in the court u/s. 173 Cr.P.C. naming few persons as accused. This G resulted in registration of three more FIRs· and the same were also investigated. Thereafter;- a-news item was published in the newspaper headlined 'Moga Sex Scandal. The High Court took suo motu notice of the 281 H 282 SUPREME COURT REPORTS [2011) 11 S.C.R. A news item and issued notices to the State Government, Senior Police Officials and directed the Deputy Superintendent of Police to file the status report of the investigation of the case. Subsequently, fifth FIR was registered u/ss. 376, 342 and 34 IPC. Thereafter, DSP filed B a status report as also two Municipal Councilors of the District filed an application alleging that many innocent persons were implicated in the FIR registered by respondent No. 3 at the instance of local influential political persons and police officials/officers, and c apprehended that the investigation might not be fair and proper. Meanwhile, the Additional Director General of Police entrusted the investigation into the previous four FIRs to a special investigation team(SIT). The High Court holding that the SIT had been constituted without the 0 permission of the court directed that the investigation of the cases be carried out by CBI in the interest of justice in exercise of its power u/s 482 Cr.P.C. Therefore, the appellant-State filed the instant Special Leave Petition. E Dismissing the Special Leave Petition, the Court HELD: 1.1 Under sub-section (2) of Section 173 Cr.P.C. a police report (charge sheet or challan) is filed by the police after investigation is complete. Sub-section (8) of Section 173 states that nothing in the Section shall F be deemed to preclude any further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate. Thus, even where charge sheet or challan has been filed by the police under sub-section (2) of Section 173, the police can G undertake further investigation but not fresh investigation or re-investigation in respect of an offence under sub- section (8) of Section 173 of the Cr.P.C. [Para 13] [294-C- E] 1.2 Section 482 of the Cr.P.C., however, states that H nothing in the Cr.P.C. shall be deemed to limit or affect STATE OF PUNJAB v. CENTRAL BUREAU OF 283 INVESTIGATION & ORS. the inherent powers of the High Court to make such A. orders as is necessary to give effect to any order under the Cr.P.C. or to prevent the abuse of the process of any Court or otherwise to secure the ends of justice. Thus, the provisions of the Cr.P.C. do not limit or affect the inherent powers of the High Court to make such orders B as may be necessary to give effect to any order under the Court or to prevent the abuse of any process of the Court or otherwise to secure the ends of justice. The language of sub-section (8) of Section 173 of the Cr.P.C., therefore, cannot limit or affect the inherent powers of the c High Court to pass an order under Section 482 of the Cr.P.C. for fresh in
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