News / बातमी
News : News : Supreme Court rules Home Secretary lacks authority to order reinvestigation or further investigation of a case by another agency.
- The Supreme Court of India has ruled that the Home Secretary does not have the power to order further investigation or reinvestigation by another agency, according to Section 173(3) read with Section 158 of the CrPC.
- This decision was made by a division bench of Justices M.R. Shah and C.T. Ravikumar, who stated that if there is a case of reinvestigation, it is not allowed, especially by another agency without the prior permission of the magistrate.
- The case in question was about the murder of a man, in which the investigation had been transferred to the District Crime Branch. Later, the mother of respondent No. 8 requested that the investigation be transferred to CBCID, claiming that one of the witnesses was in jail and their testimony could not be trusted.
- The Secretary (Home) ordered further investigation by CBCID, but the decision was challenged, and the High Court upheld it.
- However, the Supreme Court ruled that the Secretary (Home) did not have the authority to order further investigation or reinvestigation by another agency without the prior permission of the magistrate.
- The Court also noted that giving such powers to the Secretary (Home) would allow accused persons to get themselves discharged by obtaining a fresh report nullifying the earlier chargesheet.
- As a result, the Court set aside the judgment and order passed by the High Court and the order of the Secretary (Home), State of U.P. ordering for reinvestigation by CBCID.