(1.) Exhibiting the importance of supremacy of rule of law, this Court in case Major Gurjinder Singh Benipal v. State of Punjab and others, 2012 4 RCR(Cri) 743 has ruled as under:-
(2.) Sequelly, what cannot possibly be disputed here is that Hon'ble Apex Court in case Babubhai v. State of Gujarat and others, 2010 12 SCC 254 has considered the scope and jurisdiction of the Court to interfere in such matter of investigation. It was held that the Court should direct de novo investigation to prevent the miscarriage of justice, if investigation is tainted, biased, suffers from irregularities and is conducted in mala fide exercise of power by police causing serious prejudice and harassment to any party. The Court has gone to the extent that even the charge sheet filed and any other order issued by the investigating agency pursuant to such vitiated investigation is also liable to be quashed.
(3.) Not only that, further examining the provisions of Sections 156, 157 and 482 Cr.PC and in the light of protection afforded by Articles 20 & 21 of the Constitution of India, it was held that the investigation must be fair, transparent and judicious. Tainted, biased investigation, the consequent prejudice and harassment to any party cannot legally be permitted to continue. It was further held as under:-