Once an FIR is registered and investigation has taken place, direction for an investigation by the CBI is not open to challenge by the prospective suspect or accused, and the matter for entrusting investigation to a particular agency is basically at the discretion of the court, says the Supreme Court (SC) in Ramachandraiah & Another v M Manjula & Others [2025 INSC 556].
The SC relied on the judgement in Union of India v W.N. Chadha [ AIR1993 SC 1082], which observed that an accused has no right to participate or challenge the mode/manner of investigation before charges are framed.
The SC added that even in cases where cognizance of an offence is taken on a complaint notwithstanding that the said offence is triable by a Magistrate or triable exclusively by the Court of Sessions, the accused has no right to have participation till the process is issued.
References
- Ramachandraiah & Another v M Manjula & Others [2025 INSC 556]
- Union of India v W.N. Chadha [ AIR1993 SC 1082]
