The Supreme Court has said that there can't be reinvestigation of an offence by a different investigating agency without prior approval or permission of the Magistrate concerned.
"There cannot be any dispute that even after the chargesheet is filed, it is the right of the investigating officer to further investigate in respect of offence even after a report under sub-section (2) of Section 173 of Criminal Procedure Code forwarded to a Magistrate, the prior approval of the Magistrate is not required," a bench of Justices M R Shah and C T Ravikumar said.
"However, as per the settled position of law, so far as the reinvestigation is concerned, the prior permission/approval of the Magistrate is required," the bench added.
The court quashed February 13, 2019 order passed by Uttar Pradesh's Secretary (Home) directing reinvestigation of a 2014 murder case of Satyaveer alias Kallu at Baraut by CB-CID on a letter written by the mother of an accused.
The bench rejected a contention by the accused that as the Secretary (Home) is the head of the department, the officer can order further investigation by another agency on administrative side.
"So far as the investigation is concerned under the scheme of the CrPC, the Police Officer of the concerned Police Station, who is the investigating officer, has to investigate/further investigate the case under the supervision of Superintendent of Police," the bench said.
"So far as the Secretary (Home) is concerned, he does not come into picture at all," the bench added.
The court further pointed out if such powers are given to the Secretary (Home) in that case any accused who is already chargesheeted may approach the Secretary (Home) and may get an order of further investigation or reinvestigation by another agency and obtain the fresh report nullifying the earlier chargesheet and get himself discharged.
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