Supreme Court: Even if investigation is not conducted by authorized officer, the trial is not vitiated unless a prejudice is shown

As the foregoing discussion shows the investigation in the present case by the Deputy Superintendent of Police cannot be considered to be in any way unauthorised or contrary to law. In this connection it may not be out of place also to point out that the function of investigation is merely to collect evidence and any irregularity or even illegality in the course of collection of evidence can scarcely be considered by itself to affect the legality of the trial by an otherwise competent court of the offence so investigated. {Para 15}

Ratio: It is well settled law that even if investigation is not conducted by authorized officer, the trial is not initiated unless a prejudice is shown.

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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