Investigation – Victim-deceased was found murdered – CBI submitted a chargesheet and supplementary chargesheet naming five persons – CBI issued summons to the first respondent – First respondent appeared before the CBI on several occasions – First respondent filed writ petition – On 18.04.2023, the High Court (i) granted an ad interim stay of arrest; and (ii) directed that the examination before the CBI in the course of the investigation shall be “in printed/written form” during the course of which a questionnaire may also be handed over to the first respondent – On appeal, held: The abovementioned order would stultify the investigation – There is absolutely no warrant for the High Court to direct that the investigation of a person who has been interrogated as a suspect in the conspiracy should be in the printed or written form – Similarly, it is wholly inappropriate for the High Court to observe that the questionnaire may also be handed over to the respondent – Such orders of the High Court are liable to gravely prejudice the course of investigation – Impugned order of the High Court set aside.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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