STATE REP. BY D.S.P., S.B. C.L.D., CHENNAI v. K.V. RAJENDRAN & ORS

Citation: [2008] 12 S.C.R. 1141

Court: Supreme Court of India

Bench: TARUN CHATTERJEE, P. SATHASIVAM

Case summary

STATE REP. BY D.S.P., S.B. C.L.D., CHENNAI v. K.V. RAJENDRAN & ORS.pdf

Judgment text

[2008) 12 S. C. R. 1141 STATE REP. BY D. S. P. , S. B. C. l. D. , CHENNAI V. K. V. RAJENDRAN & ORS. (Criminal Appeal No. 1389 of 2008) SEPTEMBER 2, 2008 ~· -- ) High Court was justified in handing over the investigation of the case from the State Police authorities to the CBI authorities. It is needless to mention that it would be open for the respondent to make independent application under Section 482 of the Code if they find that subsequent events having been taken place, the investigation must be transferred from State Police authorities to CBI. Accordingly, we are unable to sustain the impugned order of the High Court in view of our discussions made hereinabove. Therefore, the impugned order is set aside. The appeal is thus allowed. , 26.

We make it clear once again that if a fresh criminal petition under Section 482 of the Code is filed by the respondents for transferring the investigation from State Police authorities to CBI after bringing certain subsequent events that had taken place after the disposal of the original criminal petition if there be any, it would be open for the High Court to entertain such application if it is warranted and decide the same in accordance with law for which we express no opinion on merit. 27. For the reasons aforesaid, the appeal is thus allowed to the extent indicated above. K. K. T. Appeal partly allowed.