PROF. K.V. RAJENDRAN versus SUPERINTENDENT OF POLICE, CBCID SOUTH ZONE, CHENNAI & ORS.

PROF. K.V. RAJENDRAN versus SUPERINTENDENT OF POLICE, CBCID SOUTH ZONE, CHENNAI & ORS.

Supreme Court and High Courts can transfer investigation to CBI only in rare and exceptional cases. In this case, neither the facts nor subsequent developments justified such transfer, especially after 15 years and once the final report was filed under s. 173(2) Cr.P.C. It remains open to the Magistrate to accept or reject the final report or direct further investigation under s.173(8) Cr.P.C.

Parties
Appellant: Prof. K.V. Rajendran; Respondents: Superintendent of Police, CBCID South Zone, Chennai & Ors.
Jurisdiction
India
Judgment Date
21 August 2013
Procedural Posture
Criminal Appeal / Appeal From Order of High Court Dismissing Petition for Transfer of Investigation to CBI
Outcome
Appeal dismissed
Legal Topics
Transfer of Investigation, Powers Under Article 136 and 226, Section 173 Cr.p.c. (final Report), CBI Investigation, Extraordinary Jurisdiction
Criminal Law Constitutional Law Transfer of Investigation Powers Under Article 136 and 226 Section 173 Cr.p.c. (final Report) CBI Investigation Extraordinary Jurisdiction

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Parties

Prof. K.V. Rajendran

Appellant

Superintendent of Police, CBCID South Zone, Chennai & Ors.

Respondents

Procedural Posture

Criminal Appeal / Appeal From Order of High Court Dismissing Petition for Transfer of Investigation to CBI

Legal Issues

  1. 1 Under what circumstances can the Supreme Court or High Court transfer investigation from the State agency to CBI?
  2. 2 Whether the facts of the present case justify such a transfer at a belated stage after filing of final report under Section 173(2) Cr.P.C.

Ratio Decidendi

Supreme Court and High Courts can transfer investigation to CBI only in rare and exceptional cases. In this case, neither the facts nor subsequent developments justified such transfer, especially after 15 years and once the final report was filed under s. 173(2) Cr.P.C. It remains open to the Magistrate to accept or reject the final report or direct further investigation under s.173(8) Cr.P.C.

Court Disposition

Appeal dismissed

Orders

  • No interference with High Court order
  • Appellant can still approach Magistrate for appropriate reliefs under Cr.P.C.