The direction for a CBI probe after the registration
of an FIR and subsequent investigation is not open to challenge by prospective
suspects or accused, the Supreme Court said on Wednesday.
The significant observations were made by a bench
comprising Justices Dipankar Datta and Prashant Kumar Mishra in a judgement by
which it upheld a Karnataka High Court order directing the CBI to conduct a
thorough investigation into alleged murder of Bengaluru-based realtor K
Raghunath in 2019.
The apex court dismissed criminal appeals filed by
several accused parties challenging the high court's decision.
We are of the considered view that once an FIR is
registered and investigation has taken place, direction for an investigation by
the CBI is not open to challenge by the prospective suspect or accused. The
matter for entrusting investigation to a particular agency is basically at the
discretion of the Court, Justice Mishra, writing the judgement for the bench,
said.
The bench reaffirmed the discretionary power of
courts to entrust investigations to specialized agencies like the CBI,
especially in cases marred by suspicion and allegations of manipulation.
The controversy stemmed from the death of K
Raghunath, a reputed real estate developer and a close associate of late member
of Parliament DK Adikeshavalu (DKA).
Raghunath was found dead under mysterious
circumstances, with his wife M Manjula, and son alleging foul play and
implicating DKA's children and associates in the alleged murder.
Despite an initial refusal by the local police to
register a case, a private complaint filed by Manjula led to the registration
of FIRs against the accused, including charges under Sections 302 (murder),
120B (criminal conspiracy), and several sections related to forgery and
cheating.
The high court, in a partial ruling on Manjula's
petition, had quashed an earlier magistrate's direction to the HAL police
station for further investigation, citing lack of jurisdiction.
Instead, the high court asked the CBI to take over
the probe, highlighting serious lapses in the initial inquiry and raising
concerns about local interference.
The CBI later registered fresh FIRs and initiated
raids on the residences of several accused persons.
The bench said the truth surrounding the death of K
Raghunath needs to be settled after a complete and fair investigation,
emphasizing that the seriousness of the case and the intricate property
disputes warranted independent scrutiny.
Referring to the facts of the case, the top court
said the deceased, a close confidant of DKA, died a mysterious death and it was
preceded by execution of two different wills, one in favour of his wife and and
the other in favour of a respondent.
There are civil proceedings relating to mutation and
declaration of title as well as the allegations concerning forgery of stamp
papers. The learned Magistrate while directing further investigation and the
High Court, under the impugned order, has highlighted the glaring defects in
the investigation which we have avoided to reiterate so that it does not
influence the CBI investigation, the bench said.
However, the fact remains that the truth surrounding
the death of K Raghunath needs to be settled after a complete and fair
investigation by the CBI which, in the facts and circumstances of the present
case, has rightly been directed by the High Court, it said.
We, accordingly, affirm the order of the High Court
and dismiss the appeals, the bench added.
The CBI shall conduct the investigation within a
period of eight months and Karnataka shall render all possible assistance to
the CBI to make a fair investigation into the crime, it said.
The entire papers shall be handed over by the
concerned police to the CBI within 15 days. If the CBI proceeds to file
chargesheet, the same shall be submitted before the jurisdictional CBI Court in
the State of Karnataka, the bench said.