New Delhi: The direction for a CBI probe after the registration of an FIR and subsequent investigation is not open to challenge by prospective suspects or accused, the Supreme Court said on Wednesday.

The significant observations were made by a bench comprising Justices Dipankar Datta and Prashant Kumar Mishra in a judgement by which it upheld a Karnataka High Court order directing the CBI to conduct a thorough investigation into alleged murder of Bengaluru-based realtor K Raghunath in 2019.

The apex court dismissed criminal appeals filed by several accused parties challenging the high court’s decision.

“We are of the considered view that once an FIR is registered and investigation has taken place, direction for an investigation by the CBI is not open to challenge by the prospective suspect or accused. The matter for entrusting investigation to a particular agency is basically at the discretion of the Court,” Justice Mishra, writing the judgement for the bench, said.

The bench reaffirmed the discretionary power of courts to entrust investigations to specialized agencies like the CBI, especially in cases marred by suspicion and allegations of manipulation.

The controversy stemmed from the death of K Raghunath, a reputed real estate developer and a close associate of late member of Parliament DK Adikeshavalu (DKA).

Raghunath was found dead under mysterious circumstances, with his wife M Manjula, and son alleging foul play and implicating DKA’s children and associates in the alleged murder.

Despite an initial refusal by the local police to register a case, a private complaint filed by Manjula led to the registration of FIRs against the accused, including charges under Sections 302 (murder), 120B (criminal conspiracy), and several sections related to forgery and cheating.

The high court, in a partial ruling on Manjula’s petition, had quashed an earlier magistrate’s direction to the HAL police station for further investigation, citing lack of jurisdiction.

Instead, the high court asked the CBI to take over the probe, highlighting serious lapses in the initial inquiry and raising concerns about local interference.

The CBI later registered fresh FIRs and initiated raids on the residences of several accused persons.

The bench said “the truth surrounding the death of K Raghunath needs to be settled after a complete and fair investigation”, emphasizing that the seriousness of the case and the intricate property disputes warranted independent scrutiny.

Referring to the facts of the case, the top court said the deceased, a close confidant of DKA, died a mysterious death and it was preceded by execution of two different wills, one in favour of his wife and and the other in favour of a respondent.

“There are civil proceedings relating to mutation and declaration of title as well as the allegations concerning forgery of stamp papers. The learned Magistrate while directing further investigation and the High Court, under the impugned order, has highlighted the glaring defects in the investigation which we have avoided to reiterate so that it does not influence the CBI investigation,” the bench said.

“However, the fact remains that the truth surrounding the death of K Raghunath needs to be settled after a complete and fair investigation by the CBI which, in the facts and circumstances of the present case, has rightly been directed by the High Court,” it said.

“We, accordingly, affirm the order of the High Court and dismiss the appeals,” the bench added.

The CBI shall conduct the investigation within a period of eight months and Karnataka shall render all possible assistance to the CBI to make a fair investigation into the crime, it said.

“The entire papers shall be handed over by the concerned police to the CBI within 15 days. If the CBI proceeds to file chargesheet, the same shall be submitted before the jurisdictional CBI Court in the State of Karnataka,” the bench said.