Hema vs. State, thr. Inspector of Police, Madras, Criminal Appeal No. 31 of 2013 (Arising out of S.L.P. (Crl.) No. 9190 of 2011), Decided on 7th January, 2013
The Hon’ble Supreme Court held:
“It is settled law that not only fair trial, but fair investigation is also part of constitutional rights guaranteed under Articles 20 and 21 of the Constitution of India. Accordingly, investigation must be fair, transparent and judicious and it is the immediate requirement of rule of law”. [Para 8]
The court also noted following case law:
Babubhai vs. State of Gujarat and Others, 2010 (12) SCC 254, the court observed that the Investigating Officer cannot be permitted to conduct an investigation in a tainted and biased manner. It was further observed that where noninterference of the Court would ultimately result in failure of justice, the Court must interfere.
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