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REPORTABLE    

IN THE SUPREME COURT OF INDIA CRIMINAL APPELATE JURISDICTION

CRIMINAL     APPEAL     No.       1805        of     2012   (Arising out of SLP (Crl.) No. 3198 of 2011)   

Shantibhai J. Vaghela and Anr. … Appellant (s) Versus

State of Gujarat and Ors. … Respondent(s) With

CRIMINAL     APPEAL     No.1806-1807        of     2012   (Arising out of SLP (Crl.) Nos. 4453-4454 of 2011)  

J      U      D      G      M      E      N     T   

RANJAN     GOGOI,     J   

Leave granted. 2. The present appeals seek to challenge a  judgment dated 10.01.2011 passed by the High Court  of Gujarat at Ahmedabad allowing Criminal  Miscellaneous Application No. 13519 of 2009 filed  

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by the accused (respondents herein) seeking  quashing of the criminal case registered against  them under Section 304 of the Indian Penal Code. By  its aforesaid order the High Court has also  dismissed   Special Criminal Application No. 770 of  2009 filed by the appellants, Shantibhai J. Vaghela  and Prafulbhai J. Vaghela, seeking investigation of  the aforesaid case against the accused by the  Central Bureau of Investigation. The High Court  has, however, directed that the proceedings against  the accused –respondents so far as the offence  under Section 304A of the IPC and Section 23 of the  Juvenile Justice (Care and Protection) Act, 2000  may continue.  3. The core facts in which the aggrieved parties  had moved the High Court may now be noticed:

The appellants –  Shantibhai J. Vaghela and  Prafulbhai J. Vaghela, who are related to each  other, are the fathers of one Dipesh (born 1998)  

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and Abhishek (born 1999).  The aforesaid two  children were admitted in Class VI and V  respectively in a Gurukul located in an Ashram of  Sant Shree Asharamji situated at Motela.  They were  residing in the Gurukul of the Ashram.  On  03.07.2008 both the children had gone to the dining  hall of the Gurukul at about 8.00 PM to have their  dinner.  At the time of taking the attendance of  the students after dinner, the watchman, one Shri  Naresh Dangar, could not find the children and  therefore had informed the said fact to Gruhapati  Shri Pankajbhai Saksena.  On receipt of the said  information the aforesaid person, i.e. Pankajbhai  Saksena contacted the appellant –  Prafulhai J.  Vaghela on telephone to convey the information that  the children were not to be found in the Gurukul.  Both the appellants –  Shantibhai B. Vaghela and  Prafulbhai J. Vaghela immediately came to the  Gurukul and after meeting Pankajbhai Saksena and  

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some other persons working in the Gurukul, the  appellants went in search of the missing children.  However, they could not be recovered till about  12.30 AM.  At the suggestion of Shri Pankajbhai  Saksena that the children may have gone to sleep in  some other place the search for the children was  abandoned and resumed at about 6.00 AM of the  following morning, i.e., 04.07.2008.  Though the  search had continued throughout the day the  children could not be located.  The appellants  insisted that the Ashram should inform the police  about the disappearance of the two children.  However, the Ashram authorities avoided doing so on  one pretext or the other and eventually the  appellants themselves informed the concerned police  station at about midnight of 04/05.07.2008.  On  05.07.2008 at about 6.30 PM the dead bodies of the  children were found from the bed of the river  Sabarmati which was located by the side of the  

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Ashram.  The dead bodies were promptly sent for  post-mortem examination and, thereafter, were  handed over to the respective families for  cremation. 4. It appears that there was a public out cry over  the incident and the State Government by  Notification dated 21.07.2008 appointed a  Commission of Inquiry consisting of a retired Judge  of the High Court of Gujarat. It appears that an  elaborate inquiry/investigation of the incident was  carried out, initially, by the Sabarmati Police  Station of Ahmedabad city and, thereafter, by the  CID Crime Branch under the direct supervision of  Deputy Inspector General of Police.  In the course  of the inquiry, statements of the several inmates  of the Ashram were recorded. Of particular  significance would be the examination of one  Hetalben Swarupbhai who had first noticed the dead  bodies floating in the Sabarmati river at about  

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10.00 AM of 04.07.2008.  In the course of the  aforesaid inquiry/investigation summons under  Section 160 of the Code of Criminal Procedure were  issued to Journalists of different newspapers as  well as the electronic media to gather information  with regard to the incident in question.  Similarly, a press note was also issued in the  newspapers asking for information in respect of the  incident.  However, there was no response to the  summons issued or the press note published by the  investigating agency. While the aforesaid  inquiry/investigation was continuing, the  appellants -   Shantibhai J. Vagehla and Prafulbhai  J. Vaghela instituted Special Criminal Application  No.770 of 2009 in the High Court.  In the said  application details of the incident, as noticed  above, were mentioned by the appellants who had  sought an order directing the Superintendent of  Police, CBI, Gandhinagar (impleaded as respondent  

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No.2) to register the criminal offence(s) as may be  disclosed by the statements made in the application  filed before the High Court and for further  directions to carry out a proper investigation in  respect of the incident of the mysterious death of  the two children.  5. During the pendency of the aforesaid Special  Criminal Application No.770 of 2009, FIR dated  07.11.2009 was formally lodged by one Shri H.B.  Rajput, Inspector, CID Crime, Gandhinagar in the  Gandhinagar Police Station in respect of the  incident alleging commission of offences under  Section 304/34 of the Indian Penal Code and Section  23 of the Juvenile Justice (Care and Protection)  Act.  Seven inmates of the Ashram were named as the  accused who were suspected to be involved with the  offences alleged. 6. The FIR lodged against the seven inmates of the  Ashram, in so far as the offence under Section 304  

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IPC is concerned, came to be challenged before the  High Court by the accused named therein.  Criminal  Miscellaneous Application No.  13519 of 2009 filed  by the aforesaid accused was heard along with  Special Criminal Application No. 770 of 2009 filed  by appellants –  Shantibhai J. Vaghela  and  Prafulbhai J. Vaghela. Both the applications were  disposed of by the High Court by the impugned order  dated 10.01.2011.  As already noticed, the High  Court, on the basis of the conclusion that no  offence against the accused under Section 304 IPC  was made out, has quashed the FIR in so far as the  aforesaid provision of the Penal Code is concerned.  However, investigation and further steps with  regard to the offence under Section 304 A and  Section 23 of the Juvenile Justice (Care and  Protection) Act is concerned was permitted to  continue.  The High Court by the aforementioned  order also disposed of Special Criminal Application  

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No. 770 of 2009 filed by the two appellants as  having become infructuous.  Aggrieved by the said  aforesaid order dated 10.01.2011 the State of  Gujarat and the parents of the deceased children –  Shantibhai J. Vaghela  and Prafulbhai J. Vaghela  have instituted the present appeals. It may be  specifically noticed, at this stage, that while the  appeals had remained pending before the Court,  charge sheet dated 31.08.2012 under section 304- A/34 and section 114 IPC as well as Section 23 of  the Juvenile Justice (Care and Protection) Act has  been submitted against the 7 accused named in the  FIR dated 7.11.2009.  7. We have heard Shri Colin Gonsalves, Learned  senior counsel for the appellants Shantibhai J.  Vaghela  and Prafulbhai J. Vaghela, Mrs. H. Wahi,  learned counsel for the State, Shri Shekhar  Naphade, learned senior counsel for the respondents  and Shri H.P. Raval, ASG.

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8. Shri Gonsalves has very elaborately taken us  through the materials on record particularly the  FIR dated 07.11.2009, the post-mortem reports and  the several correspondences exchanged between the  officers of the investigating agency and the  Department of Forensic Medicine, BJ Medical  College, Ahmedabad as well as the Deputy Director  of the State Forensic Laboratory with regard to  certain findings recorded in the post-mortem  report.  It has been submitted that a consideration  of the aforesaid materials clearly indicate that  the High Court was not justified in interdicting  the investigation of the case registered in so far  as the offence under Section 304 IPC is concerned.  According to the learned counsel, there is ample  room for due investigation of the said offence and,  therefore, the same should be allowed to be brought  to its logical conclusion.  It is further submitted  that notwithstanding the filing of the charge sheet  

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dated 31.08.2012 there is ample power in the court  to order investigation in so far as the offence  under Section 304 IPC is concerned.  It is also  contended that having regard to the pre-eminent  social status of the Bapuji Ashram and the evident  role of the Ashram authorities in scuttling the  fair investigation of a palpable crime, further  investigation by the independent agency like the  CBI should be ordered by this court. 9. Learned counsel for the State of Gujarat has  submitted that the State is aggrieved by only that  part of the order by which investigation of the  offence under Section 304 IPC has been interfered  with by the High Court.  Learned State counsel has  categorically submitted that further/fresh  investigation in so far as the offence under  Section 304 IPC is concerned can be effectively  performed by the State Police and in fact the State  is agreeable to constitute a Special Investigation  

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Team for the said purpose if so ordered by the  court.   10. In reply, Shri Naphade, learned senior counsel  for the accused, has urged that registration of a  FIR alleging a specific criminal offence against  any person and investigation of the same can be  made only on the basis of some acceptable material  disclosing the commission of the offence alleged.  No such basis is discernible in the present case.  According to learned counsel a reading of FIR does  not reveal any material to establish any of the  ingredients of the offence under Section 304 IPC  against any of the accused.   What has been alleged  in the FIR, according to learned counsel, is  negligence or lapses on the part of the Ashram  authorities in not conducting a timely, proper and  effective search of the missing children; in not  informing the police about the incident and in not  blocking the passage from the Ashram to the  

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Sabarmati river.  The High Court, according to  learned counsel,  therefore, rightly ordered  investigation of the offence under Section 304 A  IPC and charge sheet has been  filed against all  the accused under the aforesaid Section of the  Penal Code.  Shri Naphade has further urged that no  material, whatsoever, has been brought on record to  implicate any of the accused with the offence under  Section 304 IPC.  Shri Naphade has also submitted  that the post-mortem report does not rule out and,  in fact, the same strongly suggests that death of  children had occurred due to drowning and the  injuries on the bodies and the disappearance of  some of the vital organs of deceased –  Dipesh is  due to the attack on the dead body by wild animals.  Learned counsel, therefore, has contended that no  case for further investigation, much less by an  independent agency, is made out.  

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11. It may be appropriate at this stage to notice  the opinion rendered by the Department of  Forensic Medicine, BJ Medical College, Ahmedabad  with regard to the cause of death of Dipesh and  Abhishek which may be conveniently extracted  below:

“Deceased     Dipesh     Prafulbhai     Vaghela  :

-Body is in stage of decomposition and  mutilation.

-No ante mortem injury is detected  over available parts of   body.

-Toxicology report shows “No chemical  poison detected.

-FSL report shows “Presence     of     diatoms    could     not     detected.   

Considering     above,     FSL     report     and    postmortem     findings     possibility     of     death    due     to     drowning     cannot     be      ruled     out  ,  however, “no definite opinion regarding  cause of death can be given.”  

Deceased     Abhishek     Shantilal     Vaghela:   

“-Body is in stage of decomposition.

-No ante mortem injury is detected over  available parts of body.

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-Toxicology report shows “No chemical  poison detected”.

-FSL report shows “  Presence     of     diatoms    could     not     detected.   

Considering     above,     FSL     report     and    postmortem     findings     possibility     of     death    due     to     drowning     cannot     be     ruled     out.    However, “no definite opinion regarding  cause of death can be given.”   

12. To appreciate the contentions advanced by the  rival parties, relevant portions of the post-mortem  report of Dipesh Prafulbhai Vaghela may also be  extracted hereunder:

“ . . . . . . (2) External examination

 . . . . . . (12) Proof of dead  body & it   signs –  (during examination of  dead body its –  hips,  waist, dead body &  thighs or some growth,  blackening of some  parts after death if  any) if swelling of  any part then  

Body is in state of  decomposition hence PM  lividity is not  appreciated. Foul smell  is coming from body.  The skin and soft  tissue are missing at  lower part of frontal  neck front and sides of  chest and abdomen,  

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examination of fluid  in it & condition of  the skin.

lower part of right  leg, distal part of  both the feet.  Rest of  the skin of face  available part of front  of neck, lower part of  thighs and legs are  discoloured brownish  black while available  part of back of scalp  neck chest abdomen  gluteal region and  upper part of front and  back of thighs are less  discolored. Marbeling  is present on both the  lower limbs specially  on anterior aspects.  Skin is easily peeled  off at places, scalp,  hair easily peeled off  maggots of size 0.2 to  0.5 cms. crowling all  over the body. External  genetelia distended due  to decomposition. Chest  and abdominal cavity  are exposed, both sides  of ribs and vertebral  column are seen  externally. Sternum,  both clavicles and  costal cartilages found  missing. Mass of tissue  line attached with neck  contain trachea,  oesophagus part of both  lungs heart covered  

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with peri cardium and  part of stomach. Rest  of abdominal organs are  missing. Both the upper  limbs are missing with  scapulae. Skin and soft  tissue in lower part of  right leg missing under  line bones exposed.  Distal part of right  foot including toes  missing, metatarsals  are exposed. Distal  part of left foot  including toes missing  metatarsals exposed the  missing tissues of the  body is attached with  the changes of post  mortem phenomena.  Margins     of     missing    tissues     are     pale,    irregular     without     vital    reactions     and     nibbling    due     to     animals    appreciated.

(13) Appearance of dead  body- normal or  swollen, condition of  eyes, condition of  tongue, face, type of  discharges from ears or  nostrils (if any).  

Facial features are  bloated and distorted.  Eyes open, eye balls  softened decomposed  and protruded. Mouth  is open tongue  protruded outside oral  cavity. No discharge  noted from ear, nose  and mouth. Both the  ears are eaten up in  

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pinna region, margins  irregular, pale and  without vital  reaction.

(14) Condition of  skin –  blood stain  etc. If probability  of drowning then  imprints of biting  by aquatic animal  (cutis Anserina) if  any, record be made  regarding wrinkles  on skin.  

Nibbling     due     to    animals     found     in     both    pinna     right     lower    limbs,     both     feet     chest    abdomen.     Margins     are    pale,     irregular     and    without     vital    reactions.

. . . . . . . .

(3) Internal examination . . . . .  (20) Chest:- (c) Larynx, trachea  and thyroid bone

................

(21) . . . . . Small intestine &  its contents

c) Trechia     &     larynx    identified     food     particles    and     mud     found     present     and  appreciated in trechea  thyroid bone and larynx  identified and intact.  No injury appreciated in  available parts including  soft tissue of neck.

Missing

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Large intestine &  Its contents

Missing Liver its wt. & gall  bladder

Missing

Stomach &  suprarenals

Missing

Spleen (with wt.) Missing Kidneys (with wt.) Missing Bladder Missing Genitalia No injury found.

 Abhishek     Shantilal     Vaghela:   “  . . . . . .

(2) External examination    . . . . . .    

(12) Proof of dead  body & it   signs –  (during examination of  dead body its –  hips,  waist, dead body &  thighs or some growth,  blackening of some  parts after death if  any) if swelling of  any part then  examination of fluid  in it & condition of  the skin.

Body is in stage of  decomposition hence PM  lividity is not  appreciated.  Foul  smelling gas coming  from  the body brown  black discoloration of  skin found on face,  chest, abdomen, both  upper limbs and lower  part of both the thighs  and both legs while  upper part of thighs  back of chest, gluteal  region is less  discolouration. Skin is  early peeled off at  

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places scalp hair early  peeled off. Marbelling  is present on chest  shoulder and thighs  more on anterior  aspects. Maggots of  size 0.2 to 0.5 cms.  Crawling all over the  body at places. Abdomen  and external genetalia  distended due to  decomposition gases.  Anal canal rectum part  of sigmoid colon is  prolapsed out of anus  due to decompositions  toes of right foot  except greater toe are  missing degloving of  skin of both hands  found present due to  decomposition.

(13) Appearance of dead  body- normal or swollen,  condition of eyes,  condition of tongue,  face, type of discharges  from ears or nostrils  (if any).  

Facial features are  blotted and distorted.  Eyes open eye ball  soften decomposed and  protruded out from its  sockets. Mouth is semi- opened, tongue  protruded out from oral  cavity. White frothy  fluid is coming from  nose and mouth.     Both    the     ears     are     eaten     in    pinna     region     by    animals.  

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(14) Condition of skin –  blood stain etc. If  probability of drowning  then imprints of biting  by aquatic animal (cutis  Anserina) if any, record  be made regarding  wrinkles on skin.  

Both     ears     in     pinna    region     and     toes     of    right     foot     except    greater     toe     eaten     by    animals.

. . . . . . . . (17) Blunt or cut  injuries on external  parts of body, its type,  condition size and  direction be noted with  proper care and probable  time of injury and its  reason be noted.  Petechial haemorrhage or  collection seen if any,  then condition of  muscles and ligaments  under the skin of that  area? Notice:-  if there are  innumerable injuries  which can’t be noted in  given space, then a  signed supplement be  attached to it with  details

1. Both     ears     in     pinna    region     are     missing.    Margins     are     irregular    pale     without     vital    reactions     nibbled     by    animals.  

2. Second, third,  fourth and fifth toes  of right foot are  missing meta torsals  bones exposed, margins  irregular and pale, No,  vital     reactions     found.    Present     nibbling     by    animals     appreciated.      

No, ante mortem injury  detected over the  available parts of the  body.  

....................

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(3) Internal examination . . . . .  (20) . . . . (c) Larynx, trachea  and thyroid bone

c)  No injury found in  soft tissue and muscles  of neck. Hyoid bone and  thyroid cartilage intact  few     food     particles     and    mud     appreciated     in    trechia  

13. We have already referred to the series of  communications exchanged between the officers of  the investigating agency and the Department of  Forensic Medicine, BJ Medical College, Ahmedabad as  well as the Deputy Director of the State Forensic  Laboratory in an earlier part of this order. Such  communications are in the form of queries made by  the investigating agency and the replies of either  the Department of Forensic Medicine of the BJ  Medical College or the authorities of the State  Forensic Laboratory to such queries. The relevant  

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contents of the said correspondence placed before  us may be summarized below:

1. Though there are tear marks over the clothes  there are no cut marks found on the bodies of  the deceased.

2. Presence of diatoms in cases of death by  drowning may not always be found e.g. in case  of dry drowning. At times the drowning medium  (water) may not contain any diatoms.

3. Food particles and mud were found in trachea  of both the deceased.  

4. Animal bites were present on the bodies of  both the deceased particularly in the region  of the ears and toes in the case of deceased  Abhishek and additionally in the feet, chest  and abdomen of deceased Dipesh.

5. No shaving of scalp hairs was found in either  case and also no injuries over the neck to  draw blood were detected.

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6. The disappearance of organs from the body of  the deceased - Dipesh may have been due to  wild animals pulling or carrying the same  away.

14. Before proceeding any further in the matter it  will be appropriate for us to notice the tenor of  allegations mentioned in the FIR dated 07.11.2009  filed in respect of the incident in question.  The  aforesaid FIR was filed after more than one year  of the incident and after holding of a detailed  inquiry/investigation into the incident. What has  been alleged in the FIR is that on account of the  delay on the part of the accused in organising a  prompt and effective search of the missing  children they could not be recovered alive, and in  fact, even the dead bodies of the children could  not be traced out for several days. The specific  stand taken in the FIR is that had a prompt search  been carried out, possibly, the children could  

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have been found alive or, at least, the dead  bodies could have been recovered earlier so as to  enable an effective post-mortem of the bodies to  determine the precise cause of death. It is also  alleged that the Ashram authorities had advised  the parents of the children to resort to various  tantric practices to find out about the  whereabouts of the children instead of promptly  approaching the police. The failure of the said  authorities to effectively man the gates behind  the ashram adjoining the river bed have also been  highlighted in the FIR as another omission on the  part of the ashram authorities so as to give rise  to the commission of the offence of culpable  homicide.   15. Two other aspects of the matter also need to  be dealt with at this stage. In the opinion  rendered by the Department of Forensic Medicine BJ  medical College, Ahmedabad with regard to cause of  

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death of the two children, as extracted above, it  is recorded that “presence of diatoms could not be  detected”. Relevant literature has been laid  before the court to show that: “diatoms are among  the well known water planktons............ Every  water body has its own diatom diversity......  Diatoms are commonly found in water bodies like  ponds, lakes, canals and rivers etc.  but their  concentration can be low or high in a particular  water body, depending upon the season........” 16. The following extract from the  works/literature placed before the court would  also require a mention to understand the  significance of the absence of diatoms as  mentioned in the report of the Department of  Forensic Medicine BJ Medical College, Ahmedabad.

    “When drowning takes place, diatoms  enter into the lung cavity of a person  

through the aspirated water and this  

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water exerts a pressure on lung cavity  

and rupturing of the lung alveoli takes  

place.  Through these entrances diatoms  

can enter into heart, liver, kidney,  

brain and bone  

marrow............Analysis of diatoms  

present in the lungs, liver, spleen,  

blood and bone marrow has for many years  

been undertaken as a confirmatory test  

in possible drowning cases.  However,  

the     diatom     test     has     been     controversial    

since     numerous     cases     of     false     negative    

and     false     positive     results     have     been    

documented..........”  17. The second significant fact which has to be  noted is the meaning of the expression  “without  vital reactions”  as  appearing in different parts  of the post mortem reports under Col. 12,13,14 of  part II –  external examination.  In the statement  

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of the doctor who had conducted the post-mortem on  the dead bodies of the children (as testified  before the commission of enquiry appointed by the  State Government), it has been explained that “if a  person is living and is injured then whatever  injury is caused, the process causing the injury is  called vital reaction.”  In fact in a published  medical work placed before the Court by the learned  counsel for the respondent, Shri Naphde, it is  mentioned that when a wound is inflicted on a  living organism a series of events is triggered  called vital reaction. 18. Section 299 IPC defines culpable homicide as  causing of death by doing an act with the intention  of causing of death or with the intention of  causing such bodily injury as is likely to cause  death or with the knowledge that by such act death  is likely to be caused. Under Section 300 IPC all  acts of culpable homicide amount to murder except  

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what is specifically covered by the exceptions to  the said Section 300. Section 304 of Indian Penal  Code provides for punishment for the offence of  culpable homicide not amounting to murder. 19. Commission of the offence of culpable homicide  would require some positive act on the part of the  accused as distinguished from silence, inaction or  a mere lapse. Allegations of not carrying out a  prompt search of the missing children; of delay in  the lodging of formal complaint with the police and  failure to take adequate measures to guard the  access from the ashram to the river, which are the  principal allegations made in the FIR, cannot make  out a case of culpable homicide not amounting to  murder punishable under Section 304 IPC. To attract  the ingredients of the said offence something more  positive than a mere omission, lapse or negligence  on the part of the named accused will have to be  present. Such statements are conspicuously absent  

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in the FIR filed in the present case.  A reading of  the relevant part of the opinion of the Forensic  Medicine Department of the BJ Medical College  Ahmedabad would go to show that possibility of  death of the children by drowning cannot be ruled  out.  Expert opinion available on record indicates  that mere absence of diatom will not exclude the  aforesaid possibility.  The relevant part of the  post mortem report, as extracted, indicates  presence of mud in the trachea of the children  which fact also point to the possibility of death  by drowning.  The absence of any injuries on the  body of the deceased; the attack on the bodies by  wild animals and the possibility of the taking away  of the missing organs of the deceased Dipesh by  wild animals are all mentioned in the post-mortem  report. The said facts cannot be excluded or  ignored while construing the prima facie liability  of the accused named in the FIR.  The absence of  

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any positive material to show the practice of black  magic in connection with the incident is another  significant fact that has to be taken note of.  Taking into account all the aforesaid facts it  cannot be said that the High Court, in the present  case, had committed any error in exercising its  jurisdiction to interdict the investigation of the  offence under section 304 IPC against the accused  named in the FIR.  Such power, though must be  exercised sparingly, has to be invoked if the facts  of any given case so demand. This is precisely what  the High Court had done in the present case without  departing from any of the well settled principles  of law emanating from the long line of decisions of  this court noticed in Asmathunnisa Vs. State     of    Andhra     Pradesh     rep.     by     the     Public     Prosecutor,     High    

Court     of     Andhra     Pradesh,     Hyderabad  1  .   

1 (2011) 11 SCC 259

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20.  Our above view, naturally, has to be  understood to be confined to the present stage of  the proceedings and without, in any way impairing  the powers of the Trial Court under Section 216 or  Section 323 of the Code of Criminal Procedure. In  fact we reiterate as held by this court in Central  Bureau     of     Investigation     &     Ors  . Vs.Keshub     Mahindra     &    

Ors  .  2   that the powers under the aforesaid  provisions of the Code will always be available for  exercise if subsequent facts would justify resort  to either of the provisions. We also deem it  appropriate to add that though several decisions of  this court had been placed  before us to  demonstrate that it is open to this Court to direct  further investigation by the CBI even after the  State police may have filed the charge sheet upon  completion of its investigation, we do not consider  it necessary to go into any of the said decisions  

2 (2011) 6 SCC 216.   

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in view of our conclusions as recorded above. The  mere reiteration of the availability of the  judicial power to direct further investigations  even after  filing of the charge sheet  as held in  Narmada     Bai   Vs.    State     of     Gujarat     &     Ors.  3   would  suffice for the present. 21. Consequently, and in the light of the foregoing  discussions we dismiss the appeals subject to our  observations as above.

................J. [P. SATHASIVAM]

................J. [RANJAN GOGOI]

New Delhi, 09th November, 2012

3 (2011) 5 SCC 79

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