Karnataka High Court terms trial court’s order directing police to conduct “re” or “further” investigation in a case as ‘bizarre’

Terming as “bizarre” an order passed by a trial court in Bengaluru asking the police to conduct a “re or further” investigation into a criminal case, the High Court of Karnataka has said that the “trial court has freely used the words ‘re’ or ‘further’ investigation, interchangeably, oblivious to their profound distinction, in criminal jurisprudence.”

“The order referring the matter for ‘re’ or ‘further’ investigation under Section 156(3) of the Code of Criminal Procedure (CrPC) is, on the face of it, illegal. The concerned court appears to have blissfully ignored the basic tenet of law,” said Justice M. Nagaprasanna while setting aside the order passed by a court of Metropolitan Magistrate.

Exclusive prerogative

The power to command a re-investigation, de novo investigation, or transfer of investigation to any other agency is the exclusive prerogative of the constitutional courts exercising jurisdiction under Article 226 of the Constitution of India, or it is an inherent jurisdiction of the constitutional court under Section 482 of the CrPC, the High Court made it clear.

Even though the trial court have the power to order further investigation, the High Court, in the particular case, found fault with the order of trial court in using term “further” investigation as there was no material before the trial court to order further investigation under Section 173(8) of the CrPC when the police, based on earlier direction issued by the trial court for investigation, had not filed any report under Section 176(2) of the CrPC on investigation.

The question of ordering further investigation arises only when the trial court is not satisfied with the investigation report, a charge sheet, or a closure report, etc are filed by the police, the HC said while remitting the matter back to the trial court to pass necessary orders “strictly in consonance with law.”

By mother and son

The HC was hearing a petition filed by a mother and her younger son, who had questioned the “re or further” investigation order by the trial court based on a complaint lodged against them by her elder son, who had alleged that his mother and younger brother were using Aadhaar, mobile phone of his father for filing GST returns etc., in father’s name even after his death.