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Supreme Court Of India

(From : Punjab and Haryana)

Hon'ble Judge(s): Dipak Misra, Prafulla C. Pant , JJ

(A) Delhi Special Police Establishment Act (25 of 1946) , S.3, S.6— Constitution of India , Art.21, Art.32— Transfer of investigation to CBI - Can be directed by Constitutional Court - Purpose is, there has to be fair investigation and fair trial - Commencement of trial and examination of some witnesses - Is not an impediment - Stage of case cannot be governing factor where purpose of justice commands that cause of victim deserves to be answered to avoid miscarriage of justice. (Para 20 21) (B) Criminal P.C. (2 of 1974) , S.173— Investigation - Power of police officer to conduct further investigation u/S. 173 (8) - Is unrestricted. Section 173, Criminal P.C. empowers the Police Officer conducting investigation to file a report on completion of the investigation with the Magistrate empowered to take congnizance of the offence. Section 173 (8), Criminal P.C. empowers the office-in-charge to conduct further investigation even after filing of a report under Section 173 (2), Cr. P.C. if he obtains further evidence, oral or documentary. Thus, the power of the Police @page-SC619 Officer under Section 173 (8) Cr. P.C, is unrestricted. Needless to say, the Magistrate has no power to interfere but it would be....