Dharam Pal Vs. State of Haryana & Ors.
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