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Issues involved: Appeal against the order of Madras High Court directing investigation to be entrusted to CBI, interpretation of powers of High Court under Article 226 of the Constitution to direct CBI investigation.
Judgment Summary: Issue 1: Appeal against High Court order directing CBI investigation The appeals were filed against the Madras High Court's order directing the investigation of a case to be entrusted to the Central Bureau of Investigation (CBI). The complaint alleged cheating in a loan transaction involving a police officer and others. The High Court found that the investigation was incomplete and ordered CBI investigation. The Supreme Court considered the reasons given by the High Court and the relevant legal principles. Issue 2: Interpretation of High Court's powers under Article 226 to direct CBI investigation The Supreme Court analyzed the powers of the High Court under Article 226 of the Constitution to direct CBI investigations. It emphasized that such power should be sparingly and cautiously exercised in exceptional situations. The Court highlighted the need for credibility and instilling confidence in investigations, cautioning against routine orders for CBI investigations based solely on allegations against local police. Conclusion: The Supreme Court quashed the High Court's order and directed the Superintendent of Police, Virudunagar District, Tamil Nadu, to entrust the investigation to a police officer senior in rank to the accused Inspector. The Court emphasized the role of the Magistrate in overseeing police investigations and highlighted the need for proper utilization of legal provisions like Section 154(3) and Section 156(3) of the Code of Criminal Procedure for effective investigation oversight. This judgment clarifies the limited circumstances under which the High Court can direct CBI investigations and underscores the importance of utilizing existing legal mechanisms for effective investigation oversight.
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