Judgement Summary


Bench: R.F. Nariman, J (author), Aniruddha Bose and Ramasubramanium JJ.


Facts of the case were that the election for the 11th Manipur Legislative Assembly was conducted in March 2017. The said Assembly election produced an inconclusive result as none of the political parties were able to secure a majority i.e. 31 seats in the Legislative Assembly of 60 seats in order to form the Government. 13 MLAs from congress joined BJP. Thirteen applications for the disqualification of respondent were filed before the Speaker of the Manipur Legislative Assembly stating that Respondent was disqualified under paragraph 2(1)(a) of the Tenth Schedule. Since no action was taken on any of these petitions by the Speaker, one T.N. Haokip filed a writ petition before HC and HC referred the matter to SC. Continue reading

Judgement Summary

Jaishri Laxmanrao Patil v. Chief Minister – Maratha Reservation Judgment

Coram- Ashok Bhushan, S. Abdul Nazeer, L. Nageswara Rao, Hemant Gupta, Ravindra Bhat JJ


The constitutional bench was convened to decide on the issue of

  1. Special provisions related to socially and educationally backward class of citizen under Art. 15(4) of the constitution
  2. Reservation of backward class under Art. 16(4) of the constitution
  3. Discussion on 102nd amendment Act, 2018

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Judgement Summary

Christian Medical College Vellore Association v Union of India

Coram – Arun Mishra (Authored), Vineet Saran, and MR Shah JJ.


  1. validity of the amendment made to Section 10D of the Indian Medical Council Act of 1956, regulations thereunder, and similar provisions inserted in the Dentists Act & Regulations. 
  2. These amendments impinged upon the rights of private minority institutions, as NEET was imposed upon them.
  3. MCI and DCI could not have introduced NEET as the same offends the fundamental rights guaranteed under Article19(1)(g) of the Constitution of India and the rights of religious and linguistic minorities to establish and administer educational institutions of their choice as guaranteed under Article 30 Constitution of India.
  4. subordinate legislation could not have overriding effect over the fundamental rights guaranteed under Articles 25, 26, 29(1), and 30 of the Constitution of India.
  5. amendment made could not take away or abridge the aforesaid rights of minorities. The right to admit students is one of the fundamental rights, thus, rider of clearing NEET examination could not have been imposed.

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Judgement Summary


A.M. Khanwilkar, Indu Malhotra, Ajay Rastogi JJ.

The issue in the batch of writ petitions decided in the present case-

  1. Section 12(2)(c) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 is ultra vires the provisions of Articles 243­D and 243­T including Articles 14 and 16 of the Constitution of India.

[Students should remember the Art. 243D, 243T of the constitution]

2. The State Election Commission order for reservation of 50% seats in Zilla Parishad and Panchayat Samitis in certain districts


  1. The law issue in the matter revolved around, a constitutional bench judgment in K. Krishna Murthy (Dr.) & Ors. v. Union of India & Anr (2010) which held that no more than 50% seats will be provided in any local body by providing reservation SC/ST/OBC.  The State argued that, in exceptional circumstances, the reservation can be increased more than 50%.
  2. The provisions of the S. 12 of the Act say, the state can reserve 27% seats in the Zilla parishad and Panchayat Samitis. The following lines of the s. 12 of the Act is important:

“if in a Zilla Parishad comprising entirely the Scheduled Area, the seat to be reserved for the persons belonging to the backward class of citizens shall be 27 percent of the seats remaining (if any), after reservation of the seats for the scheduled tribes and scheduled castes and one half of the seats thus reserved will be reserved for woman. “The court then discussed the K. Krishna Murthy decision. Continue reading

Judgement Summary

Toofan Singh v State of Tamil Nadu

Coram – Nariman, Navin Sinha, Indira Banerjee JJ.

Majority – Nariman and Navin Sinha JJ. 


This case came to Supreme Court as a reference of a Division Bench decision of Supreme Court reported as Tofan Singh v. State of Tamil Nadu (2013) 16 SCC 31.

  1. Conviction was challenged on the ground that

The conviction is based solely on the purported confessional statement recorded under Section 67 of the NDPS Act which has no evidentiary value because

  1. The statement was given to and recorded by an officer who is to be treated as “police officer” and is thus, hit by Section 25 of the Evidence Act
    1. No such confessional statement could be recorded under Section 67 of the NDPS Act. This provision empowers to call for information and not to record such confessional statements. Thus, the statement recorded under this provision is akin to the statement under Section 161 CrPC.
    1. In any case, the said statement having been retracted, it could not have been the basis of conviction and could be used only to corroborate other evidence.”

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Judgement Summary

West UP Sugar Mills Association v. State of Uttar Pradesh, 2020 – Decided on 22.04.2020

Coram – Arun Mishra, Indira Banerjee, Vineet Saran, M.R. Shah And Aniruddha Bose JJ.

This is a Reference.

Background of the Reference

The Court was hearing a reference seeking resolution of conflict between the rulings in Tika Ramji v. State of Uttar Pradesh, AIR 1956 SC 676 and State of U.P. Cooperative Cane Unions Federations v. West U.P. Sugar Mills Association, (2004) 5 SCC 430.

In Tika Ramji Case, the 5-judge bench held that,

  • Section 16 of the U.P. Sugarcane (Regulation of Supply and Purchase) Act, 1953 does not include the power to fix a price;
  • The price of cane fixed by the U.P. Government only mean the price fixed by the appropriate Government which would be the Central Government, under Clause 3 of the Sugarcane (Control) Order, 1955.
  • even the provisions in behalf of the agreement contained in Clauses 3 and 4 of the U.P. Sugarcane (Regulation of Supply and Purchase) Order, 1954 provided that the price was to be the minimum price to be notified by the Government subject to such deduction, if any, as may be notified by the Government from time to time, meaning thereby the Central Government, the State Government not having made any provision in that behalf at any time whatsoever;
  • there is no power to fix a price for sugarcane under the U.P. Sugarcane Act or Rules and the Orders made thereunder.

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Judgement Summary


Coram- Nariman J., B.R. Gavai J. and Hrishikesh Roy J.


States should ensure independence of State Election Commission, the Court held. issued directions under Article 142 of the Constitution of India to direct that all states and territories in India shall henceforth ensure that it has an Independent State Election Commissioner as mandated under Article 243(4) of the Constitution


  1. The Goa State Election Commission [“SEC”] decided to postpone the elections to 11 Municipal Councils whose terms were to expire on 04.11.2020. The elections were scheduled to be held on 18.10.2020, which were postponed to 18.01.2021 in view of the COVID-19 pandemic situation in the State of Goa. On 03.11.2020, the Governor of Goa appointed the Law Secretary of the Government of Goa, a member of the IAS, as State Election Commissioner which duties were to be in addition to his duties as Law Secretary. By an order dated 05.11.2020, Municipal Administrators were appointed by the Department of Urban Development (Municipal Administration) for all these municipal councils whose terms had expired. [When term is expired and election could not be conducted, then one administrator is appointed by the State Government. He is normally an IAS officer for big municipalities]. By a notification dated 14.01.2021, the Goa SEC further postponed the election for a period of three months i.e., till April 2021 or the election date which may be determined by the Commission.
  2. On 04.02.2021, the State of Goa published an amendment to Section 10(1) of the Goa Municipalities Act, 1968 [“Goa Municipalities Act”] in the official gazette. It said, the time frame for issuance of a notification for reservation of wards was stated as being “at least seven days” before the notification for schedule of dates and events of the elections. On the same day, the Director of Municipal Administration issued an order for reservation of wards for 11 municipal councils within the State of Goa. (So even though period specified was 7 days before the notification, they issued notification on the same day).
  3. The petitioners challenged the matter in the Bombay HC. The petition was taken up on the same day when the election was conducted. The division bench of HC allowed the petitions and held that: fresh notification needs to be made after giving 10-day notice. However, HC did not grant stay to the election.
  4. Then petitioners moved to Supreme Court.

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Judgement Summary

Centre For Public Interest Litigation v. Union of India

Coram– Ashok Bhushan, J.,R. Subhash Reddy,  M.R. Shah JJ.


  1. The Disaster Management Act, 2005 (hereinafter referred to as “Act, 2005”) was enacted to provide for the effective management of disasters and matters connected therewith or incidental thereto.
  2. The enactment of Disaster Management Act, 2005 was to bring in place requisite institutional mechanisms for drawing up and monitoring the implementation of the Disaster Management Plans and other measures by various wings of the Government for preventing and mitigating effects of disasters.
  3. Although Section 11 of Act, 2005 contemplated preparation of a National Plan, however, the National Plan was not prepared till the year 2016. It was noticed in Swaraj Abhiyan Vs. Union of India & Ors., (2016) 7 SCC 498
  4. In the year 2016, National Disaster Management Plan was prepared as required by Section 11 of the Act, 2005. The preparation of the National Plan under Section 11 was noticed by this Court in Gaurav Kumar Bansal Vs. Union of India and Ors., (2017) 6 SCC 730. This judgment also approves of the fact that state plan and district plans were prepared
  5. The revision of the existing National Disaster Management Plan, 2016 began in April 2017 and completed in November 2019. The National Disaster Management Plan approved by National Disaster Management Authority was notified in November 2019.
  6. This writ petition filed as a public interest litigation and has been filed in the wake of Covid-19 pandemic, seeking direction to the Union of India to prepare, notify and implement a National Plan under Section 11 read with Section 10 of the Act, 2005 to deal with current pandemic (Covid-19) and to lay down minimum standards of relief under Section 12 of the Act, 2005 to be provided to persons affected with COVID-19.
  7. Petitioners have also sought for directions to utilize National Disaster Response Fund (NDRF) for the purposes of providing assistance in the fight against COVID-19 and all the contributions/grants from individuals/institutions be credited in NDRF and not to PM CARES Fund and all funds collected in PM CARES Fund till date should be directed to be transferred to NDRF.
  8. Petitioner pleads that Centre should come up with detailed guidelines under Section 12(ii) and (iii) of the Act, 2005 recommending special provisions to be made for widows and orphans and ex gratia to be provided to the kith and kin of those losing life not just because of COVID-19 infection but also due to harsh lockdown restrictions.
  9. The petitioner’s case further is that the grants/contributions by individuals and institutions should be credited into the National Disaster Response Fund (NDRF) under Section 46 of the Act, 2005 and NDRF should be utilized for meeting the ongoing COVID-19 crisis. All the contributions made by the individuals and institutions in relation to COVID-19 are being credited into the PM CARES Fund and not in NDRF, which is clear violation of Section 46 of the Act, 2005. The NDRF is subject to CAG Audit and PM CARES Fund is not subject to CAG Audit.
  10. In the counter affidavit, the respondents (Govt of India) have questioned the locus of the petitioner to file this public interest litigation. Counter affidavit questions as to whether there can be a permanent body set up only to file litigation on issues, which the said body subjectively considers to be of “public interest”.
  11. Govt says-
    1. National Disaster Management Plan as per Section 11 is already in place
    1. Act, 2005 provides for a broad framework in terms of the response to be provided in pursuance to a National Plan in case of any disaster
    1. National Plan does not and cannot contain step by step instructions or specific instructions for the day-to-day management by Government agencies in the situation of any particular and unforeseen disaster.
    1. National Plan is not a document that contains the microscopic details as to the day-to-day management of the issues arising out of different disasters.
    1. National Disaster Management Authority has issued various orders from time to time to take effective measures found required at the relevant point of time to contain the spread of COVID-19 in the country.
    1. National Disaster Management Authority has framed broad template for State level and District level for contingency plan for COVID-19.
    1. The Ministry of Health and Family Welfare has approved the India COVID-19 Emergency Response and Health Systems Preparedness Package of Rs.15000 crores, which seeks to support States/Union Territories in various aspects of management of the COVID Pandemic
    1. there are several funds which are either established earlier or now for carrying out various relief works. PM CARES Fund is one of such funds with voluntary donations
    1. there exist a NDRF which would not prohibit creation of a different fund like PM CARES fund which provides for voluntary donations. The directions prayed in the writ petition for transfer of funds received in PM CARES Fund in the NDRF are non-maintainable.

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Important Judgement list for CLAT PG2021

The following table shows important judgement delivered by Supreme Court up to 31st August, 2020. These are very important for CLAT PG 2021. New judgement will be added to the table in due course of time.

Category Judgement Amendment
Reservation Jarnail Singh
B.K Pavitra I 103rd Amendment and reservation for EWS
B.K. Pavitra II
Mukesh Kumar v State of Uttarakhand
Siddaraju vs The State of Karnataka
Judgements on criminal law Vinubhai Haribhai Malviya
Sushila Agarwal
Babasaheb Maruti Kamble
Shilpa Mittal
Ritesh Sinha v State of UP
Kashinath Mahajan SC ST (PoA) Act, amendment
Prithvi Raj Chouhan POCSO amendment, 2019
Union of India v State of Maharashtra (Review Judgment)
Arnab Goswami v Narendra Damodar Modi
Nevada Properties v State of Maharashtra
Mazdoor Kisan Shakti Sangathan v Union of India
Anokhi Lal vs. State of M.P
Parminder Kaur @ P.P. Kaur @ Soni vs State of Punjab
Freedom of expression Anuradha Bhasin Repeal of Art. 370 vide presidential order
Foundation for Media professionals v Union Territory of J & K Jammu and Kashmir Re-organization Bill
Romila Thapar v UoI
Shyam Narayan Chawksey vs. UOI
Indibility Creative Pvt Ltd v West Bengal
Afzal Ansari & Ors. v. State of UP & Ors.
Right to freedom of religion Sabarimala
Kantaru Rajeevaru
Review of Kantaru Rajeevaru
Right to life Indian Hotel and Restaurant Association Transgender Act, 2019
Navtej Singh Johar
Joseph Shine
Shayara Bano Muslim Women (Protection of Rights on Marriage) Act, 2019
Hadiya Marriage case
Common cause
Tehseen S poonawalia v Union of India
Kamil Siedczynski v Union of India
Anti-defection cases and Members of legislative assemblies Shrimant Balasaheb Patil
Kiohoto Hollohan 104th Amendment related Anglo Indians
Shivaraj Singh Chahuan
S. Nambi Narayan v siby Mathews
Rambabu Singh Thakur v Sunil Arora
Public Interest Foundation vs. UOI
Ashwini Kumar Upadhyay vs. UOI and Ors.
Shiv Sena v Union of India
Social action forum v Union of India
Federalism Govt. of NCT of Delhi v Union of India
Banking Law/ RBI and Article 246 onwards (legislative power) Pandurang Ganpati Chaugule and others V. Vishwasrao Patil Murgud Sahakari Bank Limited Banking Regulation (Amendment) Bill, 2017
West U.P. Sugar Mills Association & Ors. V. The State of Uttar Prades & Ors.
Nirbhaya Case and Kathua rape case Mukesh v State (NCT of Delhi) Criminal Amendment 2013
Pawan Kumar Gupta V State Criminal Amendment 2018
vinay Sharma V State
Md Akhtar v State of Jammu
Art. 145 Swapnil Tripathy
Jurisdiction of Supreme Court Rajendra Diwan / CG rent control act
Rafale Related cases Manohar Lal Sharma
Yeshwant Sinha v CBI and its review
Minority education institution NEET
Md Rafique
Chandana Das
IBC/ Company Law Swiss Ribbon IBC Amendment, 2020
Essar case Company Law Amendment, 2019
M/s Embassy Property Developments Pvt. Ltd. v State of Karnataka
Cyrus Investments Pvt. Ltd. & Anr vs Tata Sons Ltd.
Gaurav Hargovindbhai v Assert Reconstruction Company
Employees State Insurance Corporation vs. Venus Alloy Pvt. Ltd.
Ritu Bhatia vs. Ministry of Civil Supply Consumers affairs and public distribution
J. K Jute Mills Mazdur Morcha vs. Jugilal Kamlapat Jute Mills
Land Acquisition Indore Development Authority v Manoharlal
Tax Law Mohit Mineral GST and Taxation Amendment Act, 2019
UOI vs. Unicorn Industries
Unicorn Industries v UoI
Britannia Industries Ltd. vs. Bombay Agriculture Produce Marketing Committee
Steel Authority of India vs. Commissioner of Excise Tax
The Great Eastern Shipping Corporation Ltd. vs. State of Karnataka
Environmental law Alembic pharmaceuticals ltd vs. Rohit prajapati EIA Draft Notification, 2020
Hanuman Laxman Aroskar v UoI, 2019
Hanuman Laxman Aroskar v UoI, 2020
Tamil Nadu Pollution Control Board vs. Sterlite Industries
Keystone Realtors Pvt. Ltd. vs. Shri Anil Tharthare and Ors.
Arjun Gopal v Union of India
RTI DAV college trust and Management v Director of Public Instructions RTI Amendment, 2020
Evidence Act Kalpana Mehta
Arjun panditrao khotkar v kailash kushanrao gorantyal and ors
Privy Purse case and Shebaitship SRI MARTHANDA VARMA (D) THR. LRs. v State of Kerala
M Siddiq v Mahant Suresh Das


Abdul Kadus v UoI Citizenship Amendment Act, 2019
Article 136 Khoday Distillaries vs. Madadeshwar Sahakar
Torts Vidya Devi vs. The State of Himachal Pradesh
Mr. Krishna Murti vs. New India Assurance Co. Ltd
Hemlata Verma vs. ICICI Prudential Life Insurance Co. Ltd.
Shalini Lambah vs. M/S Unitech Ltd. and Ors.
Maharaja Agarsen Hospital vs. Master Rishabh Sharma
Dr. Rajesh karan II vs. Unon of India and Ors.


Jaiprakash Associates Ltd. v Tehri Hydro Development Corporation India Ltd. Arbitration Amendment, 2019
Garware Wall Ropes Ltd. v Coastal Marine Construction Engineering Ltd.
Bharat Broadband Network Ltd. vs. United Telecom ltd.
Sterling Industries vs. Jaiprakash Associates
Hindustan Construction Co. Ltd. vs. UOI
National Highway Authority of India v Gammon Engineers and Contractors
KSEB vs. Kurein Kalathil
Labour Law Birla Institute Technology vs. State of Jharkhand
Service Records Factory Manager Kirloskar Brothers vs. Laxman Code on Wages, 2020
Hindustan Sanitaryware and Industries Ltd. vs.State of Haryana
Kerala State Beverages Corporation Ltd. vs. PP Suresh & Ors.
Family Law Perry Kansagara vs. Smitti Madan Kansagara Personal Law Amendment, 2019
Md. Salim vs. samsuddin and Ors.
Ganesh vs. Sudhir Kumar Srivivastava
Kareena Jane Creed vs. UOI
Pharej John Abraham vs. Arul Jyoti Shiva Subramaniam
Ashnoor Singh vs. Harpal Kaur and Ors.
Jose Paulo Cautinho vs. Maria Valentina Perriara
Md. Abrar vs. Meghalaya Board of Wakf
Amardeep Singh vs. Harveen Kaur
Chand Devi Daga v Manju K Humatani
Rana Nahid v Sahidul Haq Chisti
Arunkumar Sreeja v Inspector general of Registration 2019
Representation of People Act Abhiram Singh v. C. D. Commachen
Ordinance Making Power Krishna Kumar Singh v State of Bihar
NI Act Surinder Singh Deswal v. Virender Gandhi – 2 judgments Negotiable Instruments (Amendment) Act, 2018
G.J Raja v. Tejraj Surana
International Law Enrica Lexie
Pakistan v India


Judgement Summary

Vinubhai Haribhai Malaviya v. State of Gujarat 2009 SCC OnLine SC 1346

Bench – R.F. Nariman J., Surya Kant J., V. Ramasubramanian J.

The position of Law changed–  Magistrate can direct investigation by police u/s 156(3) of CrPC  post cognizance stage

The facts in brief –

  1. On a case of fraud and land grabbing FIR was registered and charge sheet was submitted to the court for trial
  2. Cognizance was taken and summons were issued for appearance
  3. Accused persons filed a petition with the magistrate to (a) discharge him and (b) order further investigation under s. 173(8) of CrPC
  4. The magistrate rejected all those petitions.
  5. The Accused persons filed a criminal miscellaneous petition praying for order police to register FIR u/s 156(3). This was rejected by the magistrate.
  6. Revision applications were filed in the Sessions’ court and the Sessions’ court held that further investigation needed to be done without filing a fresh FIR.
  7. Pursuant to the said other, the case was handed over to the police and two further final forms were submitted directly to the sessions’ court.
  8. The High Court ordered that the magistrate does not have power to direct further investigation u/s 156(3) of CrPC post cognizance stage
  9. The question before the Supreme Court was whether further investigation can be ordered after cognizance is taken

Issue before the court – Whether, after a charge-sheet is filed by the police, the Magistrate has the power to order further investigation, and if so, up to what stage of a criminal proceeding

Findings of the Court-

  1. CrPC is divided into 37 chapters. The present case is related to Chapter XII to XVII.
Chapter- XII Information to the Police and their Powers to Investigate  
Chapter- XIII Jurisdiction of the Criminal Courts in Inquiries and Trials  
Chapter- XIV Conditions Requisite for Initiation of Proceedings  
Chapter- XV Complaints to Magistrates  
Chapter- XVI Commencement of Proceedings before Magistrates  
Chapter- XVII The Charge  
Chapter- XVIII Trials before a Court of Session  
Chapter- XIX Trial of Warrant-Cases by 11 Magistrates  
Chapter- XX Trials of Summons-Cases by Magistrates;  
Chapter- XXI Summary Trial
  • The sections of CrPC such as S. 156,  S. 173, S. 190, S. 200, S. 202, S. 204 are used in the present case. They are reproduced here for the ease understanding. The reading of the section shows that, there is a neat distinction between be the power of police to investigate and the jurisdiction of courts in inquiry.
  • S. 156 deals with the investigation with respect to cognizable offences. Cognizable offence is defined under S. 2 (c) of CrPC. It says,

“cognizable offence” means an offence for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant.

The expression “complaint” is defined in Section 2(d) as follows:

“complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.

“Inquiry” is defined in Section 2(g) as follows:

“inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court;

“Investigation” is defined in Section 2(h) as follows:

“investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf.

  • Investigation is a stage before the trial commences and the purpose is to collect evidence. Investigation which ultimately leads to a police report under the CrPC is an investigation conducted by the police, and may be ordered in an inquiry made by the Magistrate himself in “complaint” cases.
  • The old CrPC did not have the provision for further investigation after the charge sheet is filed. 41st Law commission Report recommended addition of provision of further investigation. The logic behind such recommendation was:

A report under Section 173 is normally the end of the investigation. Sometimes, however, the police officer after submitting the report under Section 173 comes upon evidence bearing on the guilt or innocence of the accused. We should have thought that the police officer can collect that evidence and send it to the magistrate concerned. It appears, however, that courts have sometimes taken the narrow view that once a final report under Section 173 has been sent, the police cannot touch the case again and cannot re-open the investigation. This view places a hindrance in the way of the investigating agency, which can be very unfair to the prosecution and, for that matter, even to the accused. It should be made clear in Section 173 that the competent police officer can examine such evidence and send a report to the magistrate. Copies concerning the fresh material must of course be furnished to the accused.”

  • Right to fair trial is accepted in Maneka Gandhi (1978) and Commissioner of Police V. Registrar, Delhi High Court New Delhi (1996). Art. 21 can be violated only by procedure established by law in a fair trial. A fair trial entails from a fair investigation. The ultimate aim of all investigation and inquiry, whether by the police or by the Magistrate, is to ensure that those who have actually committed a crime are correctly booked, and those who have not are not arraigned to stand trial. That this is the minimal procedural requirement that is the fundamental requirement of Article 21 of the Constitution of India cannot be doubted. It is the hovering omnipresence of Article 21 over the CrPC that must needs inform the interpretation of all the provisions of the CrPC, so as to ensure that Article 21 is followed both in letter and in spirit.
  •  Pooja Pal v. Union of India (2016) was referred in which it was held speedy trial must be tempered by fair trial. In the same case the court held that trial includes inquiry, investigation, trial, appeal and retrial etc. After the introduction of S. 173(8) police has been given the power of further investigation till the end of trial.  The question with the court is if police can investigate till the end of the trial then does court have the power to order investigation till the end of the trial?
  • The relationship between the police and the magistrate was discussed Kamalapti Trivdedi v WB (1980) where citing Abhinandan Jha V Dinesh Mishra (1967) the court held that : magistrate’s power has two facets: (a) executive and (b) judicial. If he accepts police charge sheet or the closure report then the magistrate uses his judicial power but if he returns the case for further investigation he uses his executive power as supervisor of investigation process.
  • In State of Bihar v  J. A. C. Saldhana (1980) it was held that S. 156(3) and S. 173(8) are independent of each other and the power of magistrate under S. 156(3) does not infringe the power of police. It may be reminded that the clause 8 of 173 was added in the new code but no corresponding change was made in S. 156(3). In Sakiri Vasu v state of UP (2008) it was held power of magistrate under S. 156(3) was very wide in nature and it included everything that was necessary for the investigation.
  • But in Devarapalli Laxminarayan Reddy & Ors v Narayan Reddy & Ors (1976) which was followed in Tula Ram & Ors. V Kishore Singh (1977) the court held that the power under S. 156 (3) can be invoked only before the cognizance is taken. After cognizanceis taken, any power whatsoever is to be effected through S. 202 of CrPC. This was not the correct position of law because of the following grounds.
  • The definition of investigation has changed in the new code. Now new code S. 2(h) defines all the process of under CrPC as investigation. The word ALL was not present in the earlier code. It means investigation is not limited to the pre-cognizance stage. It goes to post cognizance stage also because it means all the process under CrPC i.e. from FIR till framing of charges. Ram Lal Narang v State (NCT of Delhi)  (1979) citing  H.N. Rishbud v State of Delhi (1955) had held that there was no limitation to further investigation once charge sheet was filed and cognizance was taken. In Hasanbhai valibhai Qureshi v State of Gujarat (2004) the court held that further investigation could not be denied in post cognizance stage because the trial might get delayed. In UPSC v Papaiah( 1997) the court held that the magistrate could direct further investigation u/s 173(8) of CrPC.
  • The case of Vinay Tyagi V. Irshad Ali & ORs (2013) was discussed in detail in the present case.
    • Investigation can be of three kinds
      • Initial investigation
      • Further investigation
      • Fresh or de novo or reinvestigation
    • The question was whether magistrate could order further investigation u/s 173 (8) of the code.
      • Referring Hemant Dhasmana v. CBI [(2001)] where the Court held that although the said section does not, in specific terms, mention the power of the court to order further investigation, the power of the police to conduct further investigation envisaged therein can be triggered into motion at the instance of the court. When any such order is passed by the court, which has the jurisdiction to do so, then such order should not even be interfered with in exercise of a higher court’s revision jurisdiction. Such orders would normally be of an advantage to achieve the ends of justice. It was clarified, without ambiguity, that the Magistrate, in exercise of powers under Section 173(8) of the Code can direct CBI to further investigate the case and collect further evidence keeping in view the objections raised by the appellant to the investigation and the new report to be submitted by the investigating officer, would be governed by sub-section (2) to subsection (6) of Section 173 of the Code.
      • The Magistrate before whom a report under Section 173(2) of the Code is filed, is empowered in law to direct “further investigation” and require the police to submit a further or a supplementary report. A three Judge Bench in Bhagwant Singh [Bhagwant Singh v. Commr. of Police, (1985) also held this.
      • Many other cases including three judge bench in Reeta Nag v W.B. (2009) opposed the above view and held that the magistrate cannot direct further investigation.
    • So the court decided that: –
      • The Magistrate has no power to direct “reinvestigation” or “fresh investigation” (de novo) in the case initiated on the basis of a police report.
      • A Magistrate has the power to direct “further investigation” after filing of a police report in terms of Section 173(6) of the Code.
      • The view is in conformity with the principle of law stated in Bhagwant Singh case [Bhagwant Singh v. Commr. of Police, (1985) 2 SCC 537 : 1985 SCC (Cri) 267] by a three Judge Bench and thus in conformity with the doctrine of precedent.
      • Neither the scheme of the Code nor any specific provision therein bars exercise of such jurisdiction by the Magistrate. The language of Section 173(2) cannot be construed so restrictively as to deprive the Magistrate of such powers particularly in face of the provisions of Section 156(3) and the language of Section 173(8) itself. In fact, such power would have to be read into the language of Section 173(8).
      • The Code is a procedural document; thus, it must receive a construction which would advance the cause of justice and legislative object sought to be achieved. It does not stand to reason that the legislature provided power of further investigation to the police even after filing a report, but intended to curtail the power of the court to the extent that even where the facts of the case and the ends of justice demand, the court can still not direct the investigating agency to con
      • . It has been a procedure of propriety that the police have to seek permission of the court to continue “further investigation” and file supplementary charge sheet. This approach has been approved by this Court in a number of judgments. This as such would support the view that we are taking in the present case.”
  • In the present case Hardeep Singh v. State of Punjab ( 2014) ( 5 judge) was referred which discussed investigation, inquiry and trial.
    • In view of the above, the law can be summarized to the effect that as “trial” means determination of issues adjudging the guilt or the innocence of a person, the person has to be aware of what is the case against him and it is only at the stage of framing of the charges that the court informs him of the same, the “trial” commences only on charges being framed. Thus, we do not approve the view taken by the courts that in a criminal case, trial commences on cognizance being taken.”
    • Section 2(g) CrPC and the case laws referred to above, therefore, clearly envisage inquiry before the actual commencement of the trial, and is an act conducted under CrPC by the Magistrate or the court. The word “inquiry” is, therefore, not any inquiry relating to the investigation of the case by the investigating agency but is an inquiry after the case is brought to the notice of the court on the filing of the charge-sheet. The court can thereafter proceed to make inquiries and it is for this reason that an inquiry has been given to mean something other than the actual trial.”
  • However, the ratio of the Devarapalli Laxminarayan Reddy & Ors v Narayan Reddy & Ors (1976) was followed in Amrutbhai Sambhi bhai Patel v Gujarat, Atul Rao v State of Karnatak and Bikas Rout v NCT  and held that the magistrate has not power to further direct investigation. The power lies with the police under S. 173(8) alone. The above position was clearly wrong because the trial had not started yet. The trial starts as per Hardeep Singh case after framing of charge. So till the time the charge is not framed, trial cannot be said to have commenced. It would also be in the interest of justice that this power be exercised suo motu by the Magistrate himself, depending on the facts of each case. Whether further investigation should or should not be ordered is within the discretion of the learned Magistrate who will exercise such discretion on the facts of each case and in accordance with law. If, for example, fresh facts come to light which would lead to inculpating or exculpating certain persons, arriving at the truth and doing substantial justice in a criminal case are more important than avoiding further delay being caused in concluding the criminal proceeding,

[Babubhai v. State of Gujarat & Ors. (2010) 12 SCC 254, is a judgment which distinguishes between further investigation and re-investigation, and holds that a superior court may, in order to prevent miscarriage of criminal justice if it considers necessary, direct investigation de novo, whereas a Magistrate’s power is limited to ordering further investigation. Since the present case is not concerned with re-investigation, this judgment also cannot take us much further.

Romila Thapar v. Union of India, (2018) 10 SCC 753, held that an accused cannot ask to change an investigating agency, or to require that an investigation be done in a particular manner, including asking for a court monitored investigation/] à the above two cases are not relevant in the case but important nevertheless.

Finally the court held that :-

  1. Devarapalli Laxminarayan Reddy & Ors v Narayan Reddy & Ors (1976) Amrutbhai Sambhi bhai Patel v Gujarat, Atul Rao v State of Karnatak and Bikas Rout v NCT are over ruled.
  2. Magistrate can order under S. 156(3) at post cognizance stage also