Criminal Procedure Code 1973Fresh Investigation or Further investigation In Criminal Trial

March 23, 20160

The extraordinary power of constitutional courts in directing CBI to conduct fresh  investigation or further investigation , during criminal trial , in a case must be exercised sparingly, cautiously and in exceptional situations.

It should be exercised when it is necessary to provide credibility and instil confidence in investigation or where incident may have national or international ramifications or where such order may be necessary for doing complete justice and for enforcing fundamental rights.

Each of the determinants is complete and independent by itself to justify exercise of such power and is not interdependent on each other.

[Pooja Pal v. Union of India, (2016) 3 SCC 135]

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