DHARAM PAL versus STATE OF HARYANA & ORS.

DHARAM PAL versus STATE OF HARYANA & ORS.

Constitutional Courts can direct transfer of investigation to another agency such as CBI, even after commencement of trial, if circumstances show lack of fair investigation and material witnesses have not been examined; the stage of trial is not governing and cannot bar the court from securing justice.

Parties
Appellant: Dharam Pal; Respondents: State of Haryana & Ors.
Jurisdiction
India
Judgment Date
29 January 2016
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Order
Outcome
Appeal allowed
Legal Topics
Investigation Transfer, Fair Trial, Jurisdiction of Constitutional Courts, CBI Investigation, Section 173 Cr.p.c.
Criminal Law Constitutional Law Investigation Transfer Fair Trial Jurisdiction of Constitutional Courts CBI Investigation Section 173 Cr.p.c.

Case Brief

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Parties

Dharam Pal

Appellant

State of Haryana & Ors.

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Order

Legal Issues

  1. 1 Whether the investigation of the murder case ought to be transferred to the CBI despite the trial having commenced and some witnesses examined

Ratio Decidendi

Constitutional Courts can direct transfer of investigation to another agency such as CBI, even after commencement of trial, if circumstances show lack of fair investigation and material witnesses have not been examined; the stage of trial is not governing and cannot bar the court from securing justice.

Court Disposition

Appeal allowed

Orders

  • Order of High Court set aside
  • CBI directed to conduct investigation and file report before trial judge