Supreme Court Quashes Order for Further Investigation by CBCID in Murder Case

The Supreme Court of India, in a recent judgment, has quashed an order directing further investigation by the Crime Branch-Criminal Investigation Department (CBCID) in a murder case. The Court held that the order transferring the investigation to CBCID, passed by the Secretary (Home), was illegal and contrary to the provisions of the Code of Criminal Procedure (Cr.PC).

The case, titled Bohatie Devi (Dead) Through LR vs. The State of Uttar Pradesh & Ors, originated from an appeal filed by the appellant, Bohatie Devi, who was the mother of the deceased, Satyveer alias Kallu. The High Court of Allahabad had earlier dismissed a writ petition filed by the appellant challenging the order of further investigation.

The appellant's son, Satyveer alias Kallu, was murdered by unknown persons, and an FIR was lodged against Smt. Anju and two unidentified individuals. The investigation was initially conducted by the Inspector of Police, Baraut, District Baghpat, who filed a chargesheet against two individuals. Subsequently, on the appellant's complaint, the investigation was handed over to the District Crime Branch, which filed a supplementary chargesheet against Ashwani Kumar and Smt. Anju. Cognizance of the chargesheet was taken by the Magistrate.

However, the appellant moved an application to the Secretary (Home), State of Uttar Pradesh, requesting the transfer of the investigation to CBCID. The Secretary (Home) ordered further investigation by CBCID, based on the application submitted by the mother of one of the accused. This order of transfer was challenged by the appellant through the writ petition.

The Supreme Court, in its judgment, observed that the order for further investigation by CBCID was not authorized by law. The Court noted that it was a case of reinvestigation rather than further investigation, which required the prior permission of the Magistrate. The Court emphasized that the Secretary (Home) did not have the authority to order further investigation by another agency, circumventing the provisions of the Cr.PC.

The Court further clarified that Section 173(3) of the Cr.PC, which deals with the submission of reports to the Magistrate, did not permit the Secretary (Home) to order further investigation by another agency. The Court held that such orders could potentially nullify earlier chargesheets and be misused by accused individuals.

Accordingly, the Supreme Court allowed the appeal and quashed the order of the Secretary (Home) transferring the investigation to CBCID. The Court also set aside the further investigation/reinvestigation by CBCID. However, it emphasized that all defenses available to the accused should be considered by the Trial Court during the trial proceedings.

DATE OF JUDGMENT: April 28, 2023

Bohatie Devi (Dead) Through LR vs The State of Uttar Pradesh & Ors