VidhiSangh

Supreme Court of India · 24/02/2023

ANANT THANUR KARMUSE versus THE STATE OF MAHARASHTRA & ORS

[2023] 3 S.C.R. 56 · 2023 INSC 168

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Summary

A civil engineer who shared a post criticising a sitting Maharashtra Cabinet Minister alleged that policemen took him at night to the Minister's bungalow where he was beaten; the FIR omitted the Minister, who was charge-sheeted only in March 2022 after the Bombay High Court's intervention. The High Court refused to transfer the investigation to the CBI and held that no further investigation could be ordered once charges were framed. The Supreme Court partly allowed the victim's appeal: transfer to the CBI, reserved for rare and exceptional cases, was rightly refused, but under Dharam Pal and Bharati Tamang constitutional courts may order further or de novo investigation even after charge-sheet and framing of charge, the victim having a fundamental right to a fair investigation; with the State conceding gaps, its agency was directed to further investigate FIR No. 120 of 2020.

Issues

  1. Whether the investigation into FIRs alleging abduction and assault of the complainant at the instance of a sitting State Minister should be transferred to the Central Bureau of Investigation.
  2. Whether a constitutional court can order further investigation, re-investigation or de novo investigation after the charge-sheet has been filed and charges framed by the trial court.

Provisions considered

Held

Result

Appeal partly allowed; Bombay High Court judgment dated 26.04.2022 in WP No. 411 of 2021 confirmed insofar as it refused transfer of FIR No. 120 of 2020 to the CBI, but set aside insofar as it refused further investigation; the State investigating agency permitted to further investigate FIR No. 120 of 2020 on aspects left to its wisdom, preferably within three months, and to place the supplementary report before the trial court for consideration on its merits.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 56.