J&K HC Orders Fresh Probe In Decade-Old Corruption Case Due To Flawed Investigation, Says No Legal Provision Prohibited IO From Reviewing Material

Ordering a fresh investigation into a decade old corruption case due to a flawed initial probe by the investigating agency, the Jammu and Kashmir and Ladakh High Court has said it is extremely unreasonable on the part of the investigating agency to ignore examination of any evidence that is presented by the complainant to supported his accusations. Court's Observations: Adjudicating on the matter Justice Nargal acknowledged the illegality of both the re-investigation and further investigation orders and stated that under Section 173 of the Code of Criminal Procedure, only trial courts have the power to order further investigation if they find the closure report insufficient. Therefore, the Trial Court, in its order dated 31.12.2018, has exceeded its jurisdiction by directing the investigating agency to re-investigate the case”, Justice Nargal recorded. Dissecting the proceedings and after identifying several glaring lapses in the investigation Justice Nargal noted that the main allegations of corruption were not adequately addressed by the investigating agency and stated, “The Court is of the view that the main allegation levelled in the complaint regarding the disbursement of payments to the deceased/Govt.