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Head Note

The Code of Criminal Procedure, 1973  - Section 173 , Section 482

Inherent Power - Investigation - Complaint given by father of the deceased that the a case of murder is being investigated as if it was an accident and prayed for investigation from an independent agency - During pendency of the petition before the High Court State Government marked enquiry to be conducted by an Officer of the rank of DIG - Independent inquiry by DIG made recommendation to include offence u/s 302 IPC to be inquired by an independent agency - Without leave of the High Court SIT constituted and then disbanded - Another SIT constituted and DIG who conducted the inquiry made part of the SIT but subsequently SIT constituted leaving him out of the SIT - High Court passing order that report under Section 173 may not be filed on the basis of investigation conducted by the SIT but SIT continued with the inquiry and filed report before the Court of competent jurisdiction - Held that it was incumbent for the authorities concerned, to act in terms of the report of the DIG as directed by the High Court in its order dated 24.04.2024 rather than seek to nullify the effect of that order - Affirming the view taken by the High Court appeal dismissed directions issued - Respondent no.1 directed to be paid Rs.2,50,000/- by way of compensation instead of Rs.50,000/- as directed by the High Court.

Topic(s)-Inherent Power - Investigation - Report of SIT set aside