Case Note & Summary
The petitioners, eight individuals, filed a criminal writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, seeking a direction for the Central Bureau of Investigation (CBI) to investigate complaints lodged by them against various persons for alleged cheating and other offences. The petitioners alleged that the Goa Police, particularly the Economic Offences Wing, had failed to properly investigate their complaints, and that there was a lack of progress in the investigation. They also claimed that the police were biased and had not taken appropriate action. The respondents, including the Chief Secretary of Goa, the Director General of Police, and other police officers, opposed the petition, stating that the investigation was ongoing and that the police had the power to further investigate under Section 173(8) CrPC. The intervenor supported the petitioners' case. The court heard arguments from all parties. The court noted that the police had already filed charge-sheets in some cases and were conducting further investigation in others. The court held that the power of the police to further investigate under Section 173(8) CrPC is not exhausted by filing a charge-sheet, and the police can continue investigation even after cognizance is taken. The court also observed that the petitioners had alternative remedies, such as approaching the Magistrate under Section 156(3) CrPC or filing a protest petition. The court found no exceptional circumstances warranting a CBI investigation, as the petitioners failed to demonstrate any bias or mala fides on the part of the investigating agency. The court dismissed the petition, but directed the police to complete the investigation expeditiously and submit a report to the concerned Magistrate. The court also clarified that the petitioners were at liberty to pursue their remedies before the Magistrate.
Headnote
A) Criminal Procedure Code - Investigation - Transfer to CBI - Section 173(8) CrPC - Power of police to further investigate - The court held that the power of the police to further investigate under Section 173(8) CrPC is not exhausted by filing a charge-sheet, and the police can conduct further investigation even after cognizance is taken. However, the court declined to order CBI investigation as the petitioners failed to demonstrate any bias or mala fides on the part of the investigating agency, and the investigation was still ongoing. (Paras 5-7) B) Criminal Procedure Code - Locus Standi - Victims' right to seek investigation - The court recognized that victims have a right to seek proper investigation, but the remedy lies in approaching the Magistrate under Section 156(3) CrPC or filing a protest petition, not directly seeking CBI investigation from the High Court. (Para 8) C) Criminal Procedure Code - Inherent Powers - High Court's power to transfer investigation - The court reiterated that the High Court can order CBI investigation only in exceptional circumstances where there is a reasonable apprehension of bias or lack of fair investigation. No such circumstances were made out in the present case. (Para 9)
Issue of Consideration
Whether the petitioners, who are victims of alleged cheating, are entitled to a direction for CBI investigation into the complaints lodged by them, and whether the police investigation conducted so far is inadequate or biased.
Final Decision
The court dismissed the petition, holding that no case for CBI investigation was made out. The court directed the police to complete the investigation expeditiously and submit a report to the concerned Magistrate. The petitioners were at liberty to pursue remedies before the Magistrate.
Law Points
- Criminal Procedure Code
- 1973
- Section 173(8)
- power of police to further investigate
- CBI investigation
- transfer of investigation
- locus standi of victims
- inherent powers of High Court
