VidhiSangh

Supreme Court of India · 28/04/2023

STATE THROUGH CENTRAL BUREAU OF INVESTIGATION versus HEMENDHRA REDDY & ANOTHER. ETC.

[2023] 7 S.C.R. 134 · 2023 INSC 460

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The CBI filed a closure report in a disproportionate-assets case which the Special Court accepted in 2009; in 2013, on fresh material, it obtained the Special Court's permission to reopen and investigate further, and in 2014 filed a chargesheet. The Madras High Court quashed the prosecution, holding that no further investigation under Section 173(8) CrPC was possible once a closure report had been accepted. The Supreme Court reversed, holding that acceptance of a final report does not bar further investigation under Section 173(8), that the order accepting the report need not be recalled or reviewed first, that further investigation is not double jeopardy, and that the second Single Judge was wrong to disregard a coordinate Bench's earlier order on the same question instead of referring it to a larger Bench.

Issues

  1. Whether the investigating agency can conduct further investigation under Section 173(8) CrPC after a final (closure) report under Section 173(2) has been filed and accepted by the Magistrate or Special Court.
  2. Whether the judicial order accepting the closure report must first be reviewed, recalled or quashed before further investigation is undertaken.
  3. Whether further investigation after a closure report amounts to reinvestigation or de novo investigation, or subjects the accused to double jeopardy under Article 20(2), and whether the accused must be heard before it is permitted.
  4. Whether a Single Judge of the High Court could decline to follow an earlier order of a coordinate Bench in the same litigation on the ground that it was per incuriam.
  5. Whether delay in undertaking further investigation, and alleged non-compliance with the second proviso to Section 17 of the Prevention of Corruption Act, 1988, vitiate the prosecution.

Provisions considered

Held

Result

Appeals by the CBI allowed; the High Court's orders quashing the chargesheet and prosecution set aside; the Special Court to proceed with the trial of the accused in accordance with law. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 7 S.C.R. 134.