Suspect cannot challenge a direction for CBI investigation
A direction for an investigation by the CBI issued by a constitutional court is not open to challenge by the prospective suspect or accused, and the matter for entrusting investigation to a particular agency is basically the discretion of the court, says the Supreme Court (SC) in Ramachandraiah & Another v M Manjula & Others [2025 INSC 556].
Facts of this case
In this case, the appellant had been named in an FIR registered under Sections 34, 120B, 468, 465, 471, and 420 of the Indian Penal Code.
Initially, and a Special Investigation Team (SIT) investigated the case. The trial court found the investigation unsatisfactory, and ordered further inquiry. The aggrieved Respondents moved the High Court seeking a writ of mandamus for a CBI investigation, which the High Court allowed.
The Appellant Challenged the decision before the SC stating that he was not granted an opportunity to be heard before the probe was entrusted with the CBI.
Rejecting this contention, the SC reaffirmed that an accused has no legal right to intervene in the investigative process prior to the framing of charges.
Ordering CBI investigation is an extraordinary power
The SC added that a constitutional court is vested with the extraordinary power to direct CBI investigation in exceptional cases, depending upon the facts and circumstances of the case, even though such a power must not be used as a matter of routine.
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.
Complainant has no role to play initially
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]
