STATE REP. BY D.S.P., S.B. C.L.D., CHENNAI versus K.V. RAJENDRAN & ORS.

STATE REP. BY D.S.P., S.B. C.L.D., CHENNAI versus K.V. RAJENDRAN & ORS.

The High Court, having finally disposed of the criminal petition under Section 482 CrPC on merits, could not revisit, review, or alter the order to transfer investigation to CBI in the same disposed petition, owing to express prohibition under Section 362 CrPC. Inherent jurisdiction cannot be used to override such statutory prohibitions; only a fresh independent petition may be entertained for any relief due to subsequent events.

Parties
Appellant: State Rep. by D.S.P., S.B. C.I.D., Chennai; Respondent: K.V. Rajendran; Intervener: Central Bureau of Investigation
Jurisdiction
India
Judgment Date
02 September 2008
Procedural Posture
Criminal Appeal / Appeal From Final Judgment and Order Dated 1.10.2004 of the High Court of Judicature at Madras in Crl. M.p. No. 3713 of 2001 in Crl. O.p. No. 19352 of 1998
Outcome
appeal partly allowed; impugned order set aside
Legal Topics
Inherent Jurisdiction of High Courts, Transfer of Investigation, Section 482 Cr PC, Section 362 Cr PC, Review and Modification of Orders
Criminal Procedure Inherent Jurisdiction of High Courts Transfer of Investigation Section 482 Cr PC Section 362 Cr PC Review and Modification of Orders

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Parties

State Rep. by D.S.P., S.B. C.I.D., Chennai

Appellant

K.V. Rajendran

Respondent

Central Bureau of Investigation

Intervener

Procedural Posture

Criminal Appeal / Appeal From Final Judgment and Order Dated 1.10.2004 of the High Court of Judicature at Madras in Crl. M.p. No. 3713 of 2001 in Crl. O.p. No. 19352 of 1998

Legal Issues

  1. 1 Whether the High Court can modify its final order disposing of a criminal petition under Section 482 CrPC by reopening or altering the order to transfer investigation to CBI
  2. 2 Whether Section 362 CrPC prohibits review or alteration of such final orders

Ratio Decidendi

The High Court, having finally disposed of the criminal petition under Section 482 CrPC on merits, could not revisit, review, or alter the order to transfer investigation to CBI in the same disposed petition, owing to express prohibition under Section 362 CrPC. Inherent jurisdiction cannot be used to override such statutory prohibitions; only a fresh independent petition may be entertained for any relief due to subsequent events.

Court Disposition

appeal partly allowed; impugned order set aside

Orders

  • Impugned order of High Court transferring investigation to CBI is set aside.
  • High Court may consider any fresh petition under Section 482 CrPC based on subsequent events.