Q. What are the equivalent citations for Rajesh and Others vs Ramdeo and Others ?

The equivalence citation areAIR 2001 SC 2358 ; (2001) 10 SCC 759 ; LQ/SC/2000/1378 ;

Rajesh And Others Vs. Ramdeo And Others On 15 September, 2000

Q: Q. What was the bench assigned for the case Rajesh and Others vs Ramdeo and Others?

HONBLE JUSTICE G. B. PATTANAIK, HONBLE JUSTICE U. C. BANERJEE

Open iDraf

Rajesh And Others v. Ramdeo And Others

Rajesh And Others
v.
Ramdeo And Others

(Supreme Court Of India)

Criminal Appeal No. 795 of 2000 (Arising Out of Slp (Crl.) No. 1406 of 2000) | 15-09-2000

Leave granted.

This appeal is directed against the impugned order of the High Court of Bombay at Napery 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 against, 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 overstepped 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 of the court. We, therefore, set aside the impugned order of the High Court dated 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.

Advocates List

For

Bench List

HON'BLE JUSTICE G. B. PATTANAIK

HON'BLE JUSTICE U. C. BANERJEE

Eq Citation

AIR 2001 SC 2358

(2001) 10 SCC 759

LQ/SC/2000/1378

HeadNote

Constitution of India — Art. 226 — Interference in criminal matters — Further investigation — High Court directing, held, overstepped its jurisdiction in issuing impugned direction calling upon further investigation into the matter, which would be an abuse of process of court — Criminal Procedure Code, 1973, Ss. 156 and 173(8)