Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
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Criminal Law
Mode of Citation- ILC-2017-SC-CRL-....
Judgement Subject Index/Important Decision/Topic

ILC-2016-SC-CRL-Jan-22

Dharam Pal Vs. State of Haryana & Ors.

Head Note

Constitution of India, 1950  - Article 226 , Article 32. , Article 136

CBI Investigation - Allowed - There was a request by the Additional Chief Secretary for handing over the investigation to the CBI; that departmental action was taken against the investigating authorities for negligent investigation; that the concerned ASI has been reverted to the post of Head Constable; and that apart, certain material witnesses have not been examined by the investigating agency without any rhyme or reason - Reasoning of the High Court is as the trial has commenced, there cannot be a transfer of the case to another investigating agency - Held purpose of justice commands that the cause of the victim, the husband of the deceased, deserves to be answered so that miscarriage of justice is avoided - Therefore, in this case the stage of the case cannot be the governing factor - Order of the High Court liable to be set aside - Directed that the CBI shall conduct the investigation and file the report before the learned trial judge - Said investigation report shall be considered by the trial judge as per law - Till the report by the CBI is filed, the learned trial judge shall not proceed with the trial.

Constitution of India, 1950  - Article 226 , Article 32.

De Novo Investigation - Power to order fresh, de-novo or re- investigation being vested with the Constitutional Courts - Commencement of a trial and examination of some witnesses cannot be an absolute impediment for exercising the said constitutional power which is meant to ensure a fair and just investigation.

Topic(s)-CBI Investigation - Allowed







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