SUPREME COURT JUDGMENT ON DIRECTING A FRESH/ DE NOVO INVESTIGATION EVEN AFTER INVESTIGATION HAS BEEN CONCLUDED AND POLICE REPORT SUBMITTED UNDER SECTION 173(2) OF THE CR. P.C. THOUGH UNDER SECTION 173 (8) OF CR.P.C. ONLY A FURTHER INVESTIGATION CAN BE ORDERED.

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RAVI KUMAR			ravi.singh@courtkutchehry.com

Neetu Kumar Nagaich Vs. State Of Rajasthan And Others, (2020) 09 SC CK 0026

A Full Bench of the Supreme Court while setting aside the Closure Report filed by the Police directed a de novo investigation by a fresh team of investigators to be headed by a senior police officer of the State consisting of efficient personnel well conversant with use of modern investigation technology also. No officer who was part of the investigating team leading to the closure report shall be part of the team conducting de novo investigation. The Supreme Court was of the view that normally when an investigation has been concluded and police report submitted under Section 173(2) of the Code, it is only further investigation that can be ordered under Section 173(8) of the Code. But where the constitutional court is satisfied that the investigation has not been conducted in a proper and objective manner, as observed in Kashmeri Devi vs. Delhi Administration, (1988) 04 SC CK 0018, fresh investigation with the help of an independent agency can be considered to secure the ends of justice so that the truth is revealed. The power may also be exercised if the court comes to the conclusion that the investigation has been done in a manner to help someone escape the clutches of the law. In such exceptional circumstances the court may, in order to prevent miscarriage of criminal justice direct de novo investigation as observed in Babubhai vs. State of Gujarat, (2010) 08 SC CK 0006. A fair investigation is as much a part of a constitutional right guaranteed under Article 21 of the Constitution as a fair trial, without which the trial will naturally not be fair. The Supreme Court also referred to the observations in paragraph 45 in Babubhai (supra) that not only fair trial but fair investigation is also part of constitutional rights guaranteed under Articles 20 and 21 of the Constitution of India. Therefore, investigation must be fair, transparent and judicious as it is the minimum requirement of rule of law. The investigating agency cannot be permitted to conduct an investigation in a tainted and biased manner. Where non-interference of the court would ultimately result in failure of justice, the court must interfere. In such a situation, it may be in the interest of justice that independent agency chosen by the High Court makes a fresh investigation.