2001 (8) TMI 1424 - SC - Indian Laws

Summary

Issues Involved:
1. Transposition of complainant as accused.
2. Validity of the Special Judge's order for further investigation.
3. High Court's interference with the Special Judge's order.
4. Powers of the Court u/s 173(8) of the Code of Criminal Procedure.

Summary:

1. Transposition of Complainant as Accused:
A complainant, after investigation, was transposed as an accused. The appellant alleged that the sons of the Chief Commissioner of Income Tax collected a bribe on behalf of their father. The CBI, after investigation, turned against the appellant and ordered his prosecution for giving false information with intent to cause a public servant to misuse his lawful power.

2. Validity of the Special Judge's Order for Further Investigation:
The Special Judge, upon receiving the CBI's final report, ordered further investigation, stating that the initial investigation was not properly conducted. The Special Judge directed the Director of CBI to appoint an officer of the rank of DIG to re-investigate the matter.

3. High Court's Interference with the Special Judge's Order:
The High Court of Allahabad reversed the Special Judge's order, stating that further investigation could not be ordered when all relevant material had already been collected. The High Court held that the Special Judge's direction was against Section 173(8) of the Code of Criminal Procedure, which does not allow specifying the rank of the officer to conduct further investigation.

4. Powers of the Court u/s 173(8) of the Code of Criminal Procedure:
The Supreme Court held that the power of the police to conduct further investigation u/s 173(8) can be triggered by the Court. The Court can order further investigation if it deems necessary for the ends of justice. However, the Court cannot specify the rank of the officer to conduct such investigation. The Supreme Court restored the Special Judge's order for further investigation but deleted the direction specifying the rank of the officer.

Conclusion:
The Supreme Court allowed the appeal, set aside the High Court's judgment, and restored the Special Judge's order for further investigation, clarifying that the investigation should be conducted without specifying the rank of the officer. The Court emphasized that it had not considered the merits of the allegations or the conclusions reached by the CBI.