Court is not bound by the opinion of investigating agency and can direct further investigation suo motu

CBI No.99/19

CBI vs Closure Report (Fake CBI Report Case)

CNR No.DLCT12-000853-2019

(Anjani Mahajan)

 CMM/RADC/New Delhi

 17.01.2023

11. ....

It is well settled that the Court is not bound by the opinion of

investigating agency and can come to a different conclusion

based on the material placed on record by the investigating

agency. In appropriate cases, the Court can direct further 

investigation suo motu till prior to commencement of trial.

Reference in this regard is made to the judgment of the Hon’ble

Supreme Court of India in Vinubhai Haribhai Malaviya vs State

of Gujarat, (2019) 17 SCC 1.