The Supreme Court has reiterated that a person likely to be named as an accused cannot object to an ongoing criminal investigation. Dismissing an appeal against a Karnataka High Court order, the Court upheld the directive for a Central Bureau of Investigation (CBI) probe into a murder case.

A bench comprising Justices Dipankar Datta and Prashant Kumar Mishra made the observation while hearing an appeal by an individual aggrieved by the High Court’s direction for a CBI investigation into the murder of a businessman, reportedly close to former MP D.K. Adikeshavalu.

The appellant had been named in an FIR registered under Sections 34, 120B, 468, 465, 471, and 420 of the Indian Penal Code. Initially, a Special Investigation Team (SIT) was constituted to investigate the case. However, after the trial court found the investigation unsatisfactory, it ordered further inquiry. The Respondents, dissatisfied with the SIT and the trial court's direction, moved the High Court seeking a writ of mandamus for a CBI investigation, which the High Court allowed.

Challenging this decision before the Supreme Court, the Appellant contended that he was not granted an opportunity to be heard before the CBI was entrusted with the probe.

Rejecting this contention, the Court referred to the precedent in Union of India v. W.N. Chadha, (1993) Supp (4) SCC 260, and reaffirmed that an accused has no legal right to intervene in the investigative process prior to the framing of charges.

“We are of the considered view that once an FIR is registered and investigation has commenced, the direction for investigation by the CBI cannot be challenged by a prospective suspect or accused. The discretion to entrust investigation to a particular agency rests with the court,” the bench stated in its judgment, authored by Justice Mishra.

Affirming the High Court’s decision, the apex court directed that the CBI must complete the investigation within eight months. The Karnataka Police were instructed to fully cooperate and transfer all related documents to the CBI within 15 days. If the CBI decides to file a chargesheet, it must do so before the jurisdictional CBI court in Karnataka.

With these directions, the Court dismissed the appeal.

Case Title: Ramachandraiah & Anr. v. M. Manjula & Ors.