Only constitutional courts can order reinvestigation or transfer of cases: Karnataka High Court

Bengaluru: The Karnataka High Court has said that the power to command re-investigation or de novo (fresh) investigation or transfer of investigation to any other agency, is the exclusive prerogative of the constitutional Courts, High court and the Apex Court. Justice M Nagaprasanna said this while quashing the order passed by a Bengaluru court for re/further investigation under CrPC section 156(3).

In the case at hand, the dispute is between the members of the family. The complainant, the elder son, alleged that his mother and the younger brother illegally removed him as the director of the company, started by his father, and also misused his digital signature to cheat the shareholders.

The mother and the younger son moved the high court challenging the order passed by the 31st Additional Chief Metropolitan Magistrate, Bengaluru City, directing the Rajagopala Nagar police to re-investigate the case. They claimed that any re-investigation can be ordered only by the constitutional courts and the magistrate has no such power. It was also submitted that even to order further investigation, there should be a report (charge sheet) filed by the police.

The petitioners further submitted that in a complaint registered prior to July 1, 2024, the date on which the BNSS came into force, the procedure should have to be taken forward in terms of CrPC.

Justice Nagaprasanna noted that the order passed by the magistrate appeared to have generated obfuscation as to whether BNSS should be followed or Cr.P.C. The court specified that in the complaints registered prior to July 1, 2024, the proceedings have to be taken forward in terms of CrPC.

On the issue about re-investigation, the court said that without there being anything before the concerned Court as a result of investigation, further investigation could not have been ordered.

“The power to command re-investigation or de novo investigation or transfer of investigation to any other agency, is the exclusive prerogative of the constitutional Courts exercising jurisdiction under Article 226 of the Constitution of India or it is inherent jurisdiction under Section 482 of CrPC. Therefore, the very usage of words ‘re’ or ‘further’ investigation in the order impugned is sans countenance,” Justice Nagaprasanna said. The high court has now remitted the matter back to the concerned court to pass necessary orders strictly in consonance with law.