HEMANT DHASMANA versus CENTRAL BUREAU OF INVESTIGATION AND ANR.

HEMANT DHASMANA versus CENTRAL BUREAU OF INVESTIGATION AND ANR.

A Special Judge has the power to order further investigation under Section 173(8) CrPC but cannot specify the rank or identity of the investigating officer. The High Court erred in interfering with the Special Judge’s directive for further investigation, but rightly held the Special Judge cannot direct investigation by a specific officer.

Parties
Appellant: Hemant Dhasmana; Respondent No. 1: Central Bureau of Investigation; Respondent No. 3: B.P. Gupta; Respondent No. 4: Janardhan Gupta; Respondent No. 5: Sudhanshu Gupta
Jurisdiction
India
Judgment Date
17 August 2001
Procedural Posture
Criminal Appeal / Appeal From Allahabad High Court Judgment Dated 27.4.2000 in Crl. R. No. 146 of 1998
Outcome
Appeal allowed
Legal Topics
Further Investigation Under Cr PC Section 173(8), Role of Special Judge Under Prevention of Corruption Act, Investigative Powers of CBI and Special Judge
Criminal Law Further Investigation Under Cr PC Section 173(8) Role of Special Judge Under Prevention of Corruption Act Investigative Powers of CBI and Special Judge

Case Brief

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Parties

Hemant Dhasmana

Appellant

Central Bureau of Investigation

Respondent No. 1

B.P. Gupta

Respondent No. 3

Janardhan Gupta

Respondent No. 4

Sudhanshu Gupta

Respondent No. 5

Procedural Posture

Criminal Appeal / Appeal From Allahabad High Court Judgment Dated 27.4.2000 in Crl. R. No. 146 of 1998

Legal Issues

  1. 1 Whether a Special Judge can order further investigation by CBI under Section 173(8) of CrPC
  2. 2 Whether the Special Judge can specify the rank or identity of the investigating officer

Ratio Decidendi

A Special Judge has the power to order further investigation under Section 173(8) CrPC but cannot specify the rank or identity of the investigating officer. The High Court erred in interfering with the Special Judge’s directive for further investigation, but rightly held the Special Judge cannot direct investigation by a specific officer.

Court Disposition

Appeal allowed

Orders

  • Judgment of Allahabad High Court set aside
  • Order of Special Judge restored with modification