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2012 (1) TMI 416 - SC - Indian Laws

Issues involved: Challenge to High Court order under Article 227 of the Constitution regarding investigation into a murder case.

Summary:
The Supreme Court heard the appeal challenging a High Court order disposing of a petition under Article 227 without addressing the key issues involved. The case revolved around the murder of Imran and the subsequent investigation. The Appellant, dissatisfied with the investigation, approached the Magistrate under Section 173(8) of the Code of Criminal Procedure, seeking further investigation by a different agency due to concerns about the initial police investigation. The Magistrate, acknowledging the need for further investigation, directed a police officer to conduct it, which the Appellant contested as the same police authorities were involved. The High Court's brief order did not delve into the crucial aspects of the case, prompting the Supreme Court to intervene.

The Supreme Court emphasized the importance of a fair and thorough investigation in upholding the rule of law and ensuring equal access to justice for all citizens. Citing the constitutional guarantee of equal protection under Article 14, the Court highlighted the need for proper scrutiny of serious offenses like murder. In light of these principles, the Court directed the Additional Director General of Police, State CID, Pune Division, to assign a senior officer to conduct a comprehensive investigation into the case within three months. The Court stressed the significance of impartiality in the investigation process to uphold justice and maintain law and order in a democratic society.

Ultimately, the Supreme Court allowed the appeal, instructing for an independent and thorough investigation to be carried out by a designated senior officer from the State CID, Pune Division, to ensure a fair examination of the facts and circumstances surrounding the murder case.

 

 

 

 

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