MUKESH SINGH Vs. STATE

JUDGEMENT

(1.) A two-Judge Bench of this Court, while disagreeing with the view taken by a three-Judge Bench of this Court in Mohan Lal v. State of Punjab, (2018) 17 SCC 627 has referred the matter to a larger Bench vide order dated 17.01.2019. This Court in the Mohan Lal (supra) case held that the trial would stand vitiated if the complainant is the investigating officer. The two-Judge Bench of this Court, on the other hand, took the view in the referral order that while the fact that the complainant had himself conducted the investigation would be an aspect that would be given weightage while assessing the evidence on record, the same could not be said to vitiate the trial itself.

(2.) Having heard learned counsel for the parties and perusing the material placed before us, we are of the considered opinion that the issue involved in the instant matter needs to be resolved by a larger Bench.

(3.) We, therefore, direct the Registry to place the papers before Hon'ble the Chief Justice of India to constitute a larger Bench of five Hon'ble Judges to consider the matter.