Investigation: of cases: India

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A case can be probed at any stage

SC: A case can be probed at any stage

Dhananjay Mahapatra | TNN

From the archives of The Times of India 2007, 2009

New Delhi: The Supreme Court on Tuesday emphatically said closure of inquiry into a case with a clean chit at an earlier point of time was no bar for the probe agency to commence further investigation into it.

Even as the Rathores have questioned the legality of starting fresh probe into the allegation that the ex-top cop forced the teenager to take the extreme step, this observation from the apex court could inspire the investigating agency to proceed with the probe even after a lapse of 15 years.

The case in hand before the apex court on Tuesday was a petition filed by a Pune-based orphanage — ‘Preet Mandir’ run by Balwant Anand Kartar Foundation — which was shown in poor light relating to an alleged adoption racket by a TV channel, which had conducted a sting operation.

Appearing for Preet Mandir, senior advocate A M Singhvi informed a Bench comprising Chief Justice K G Balakrishnan and Justice B S Chauhan that the sting operation led to a Bombay HCmonitored investigation by CBI into the alleged racket.

Singhvi said the CBI in 2007 submitted two status reports to the HC and said the allegations against the orphanage were baseless and it had led to closure of the inquiry. After the investigating officer resigned from CBI, the new IO moved the HC seeking further probe into the incident and the HC granted permission even though CBI had given a clean chit, Singhvi said. The Bench said, “A case can be investigated at any stage.”

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