• Section 173(8) CRPC Murdered by unknown person Order of further investigation by Central Bureau of Investigation Challenged Plea of appellant mother of deceased that order of transfer of investigation by Secretary (Home) is illegal and contrary to provisions of Code of Criminal Procedure and further plea that such order of transfer of investigation, at instance of mother of one of accused, is unknown to law and is not permissible at all Held, order of reinvestigation by another agency, namely Central Bureau of Investigation, was unknown to law, and that it was not permissible without prior permission of Magistrate If such powers were given to Secretary (Home), any accused who is already chargesheeted could approach Secretary and obtain order of reinvestigation by another agency, nullifying earlier chargesheet, and get himself discharged Accused can file petition under Section 482 of the CRPC move appropriate application for discharge before Magistrate, and it was for High Court or Magistrate, as case may be, to quash criminal proceedings or discharge accused Therefore order of reinvestigation set aside and direction to respondent to face trial. [Paras 7, 7.1, 7.2 and 7.3]
Bohatie vs State Of UP CRLA 1294/23 28/04/23 [ SHAH JJ ]
[ SUPREME COURT ]