Rajesh and Others vs Ramdeo and Others

Leave granted.

This appeal is directed against the impugned order of the High Court of Bombay at Nagpur Bench in Criminal Writ Petition directing a fresh and further investigation by an agency other than the local police, though on the basis of the FIR the -local police did investigate into the matter, and in the meantime have filed charge-sheet against the accused persons. While the investigation was on, the complainant approached the High Court by filing a writ petition. The High Court has taken an unusual step of forming a panel and directing them to examine the matter, and on the basis of the said panel report, the High Court has directed a further investigation by an agency other than the local police to be headed by the Superintendent of Police. Since the investigation agency has already filed the charge-sheet on the basis of which the accused persons are being proceeded with, if any further materials are available, the Court may alter the charge framed. In the circumstances, we have no hesitation to come to the conclusion that the High Court has over-stepped its jurisdiction in issuing the impugned direction calling upon further investigation into the matter, which in our considered opinion, would be an abuse of the process to Court. We, therefore, set aside the impugned order of the High Court D/- 9-3-2000. The appeal is disposed of accordingly. Needless to mention, power of the investigating agency to have any further investigation exercised under Section 173(8), Cr. P.C. is not being taken away by this order.