Supreme Court: An illegality committed in the course of investigation does not affect the competence and jurisdiction of the court for trial

 In H.N. Rishbud v. State of Delhi [  MANU/SC/0049/1954 : AIR 1955 SC 196], it was held that an illegality committed in the course of investigation does not affect the competence and jurisdiction of the court for trial and where cognizance of the case has in fact been taken and the case has proceeded to termination of the invalidity of the preceding investigation does not vitiate the result unless miscarriage of justice has been caused thereby. When any breach of the mandatory provisions relating to investigation is brought to the notice of the court at an early stage of the trial the Court will have to consider the nature and extent of the violation and pass appropriate orders for such reinvestigation as may be called for, wholly or partly, and by such officer as it considers appropriate with reference to the requirements of Section 5A of the Prevention of Corruption Act, 1947.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1439 of 2017

Decided On: 18.08.2017

R.A.H. Siguran Vs. Shankare Gowda and Ors. 

Hon'ble Judges/Coram:

Adarsh Kumar Goel and U.U. Lalit, JJ.

 Citation: 2017 INSC 777, MANU/SC/1086/2017.

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