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Sakshi S   16 August 2021

section4(2) cr.p.c

can there be two investigating agency in same case ?
if no is there any judgement on when separate agencies are already seized of matter then other investigating authorities cannot do investigation


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 1 Replies

Kevin Moses Paul   16 August 2021

As per the matter raised by you, let me draw you're attention to a case which will help you understand the functioning of investigation more prominently. See, in the case of Nirmal Singh Kahlon V/s State of Punjab, the Supreme Court considered the matter where an FIR had already been lodged in respect of the offences committed by certain individuals. Subsequently, the matter was handed over to the Central Bureau of Investigation (CBI), which during investigation collected huge amount of material and also recorded statements of large number of persons and the CBI came to the conclusion that a scam was involved in the selection process of Panchayat Secretaries and a 2nd FIR was lodged by the CBI.
Moreover, the Supreme Court concluded that the matter investigated by the CBI dealt with a larger conspiracy and, therefore, the investigation has been on a much wider canvass and held that 2nd FIR was permissible and required to be investigated.

So, initially two investigation teams can investigate a matter, but not simultaneously. Once, a matter is referred to another agency be it Crime Branch, CID or CBI the files pertaining to the case that were prepared by the first agency are handed over to the second agency for further process.

The first agency do not engages in the investigation any further after the case is been referred to the second agency, this is done in order to prevent any sort of errors of tampering in the evidence.

Hope It Helps!

Regards
Kevin M. Paul

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