In Deutsche Bank Ag Vs. State, the Hon'ble Karnataka High Court held that under Section 173 (8) of the Criminal Procedure Code, 1973, insofar as the matter relating to the investigation to be conducted on a complaint, the Investigating Officer will have to carry out the investigation in all earnestness. He should neither exclude any relevant material nor should he be expected to create or fabricate material to bring to book the accused under any circumstance. It should be a fair investigation. On completion of the investigation and the report is laid before the jurisdictional Court, the learned Judge of such Court has the duty to examine the report and either accept the same or to order further or fresh investigation. In appropriate cases the learned Judge may also record evidence and proceed in terms of Section 202 of Cr PC.
Further as for Investigation by another Agency under Article 226 of the Constitution of India, the power to direct the investigation by another agency should not be done in a routine manner for the mere asking or based on apprehensions. It is only in exceptional cases which has serious ramifications such power should be exercised
Further as for Investigation by another Agency under Article 226 of the Constitution of India, the power to direct the investigation by another agency should not be done in a routine manner for the mere asking or based on apprehensions. It is only in exceptional cases which has serious ramifications such power should be exercised
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