In Brief
The Supreme Court examined whether the Secretary (Home) could order reinvestigation by CBCID after an accused had been chargesheeted and a quashing petition dismissed. The Court held that while investigating officers can conduct further investigation under Section 173(8) of the Cr.P.C without prior Magistrate approval, reinvestigation by another agency requires prior Magistrate permission. The Secretary (Home) lacks authority under the Cr.P.C to order such transfer. An accused cannot circumvent statutory remedies by approaching the Home Department with defences that should be raised at trial. The Court quashed the reinvestigation order and dismissed the connected appeal against non-bailable warrants.
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