High Court Rules Only Constitutional Courts Can Direct CBI Investigations, Sessions Court Overstepped Jurisdiction
In a landmark judgment, the Patna High Court has set aside an order by the Sessions Court, Kishanganj, which had directed the Central Bureau of Investigation (CBI) to conduct an independent investigation into a criminal case. The High Court, presided over by Mr. Jitendra Kumar, J., highlighted that the Sessions Court exceeded its jurisdiction by issuing such a directive.
The case in question involved the Kishanganj P.S. Case No. 257 of 2015, initially registered for charges under several sections of the Indian Penal Code, including Section 302 following the death of the victim. The Sessions Court, while hearing an anticipatory bail petition for some of the accused, had ordered the CBI to independently investigate the matter, a decision that was challenged by the CBI in the High Court.
The Patna High Court, in its judgment dated 15.06.2026, emphasized the separation of powers and the federal structure enshrined in the Indian Constitution. It underscored that the authority to direct the CBI to investigate a case lies solely with the Constitutional Courts, namely the Supreme Court and the High Courts, under Articles 32 and 226 of the Constitution. These courts have the power to direct such investigations to enforce fundamental rights, a power not shared by Sessions Courts or Magistrates.
The court further elaborated on the statutory provisions under the Delhi Special Police Establishment Act, 1946, which requires the consent of the State Government for the CBI to exercise its jurisdiction within a state. This statutory scheme was highlighted as a critical aspect of maintaining the federal balance between the State and Union governments.
The judgment also referenced numerous Supreme Court precedents that reinforce the position that only Constitutional Courts can order CBI investigations. It noted that the Sessions Court's directive was not only beyond its statutory powers but also contrary to established judicial precedents.
In conclusion, the Patna High Court allowed the CBI's writ petition, quashing the Sessions Court's order and reiterating the legal representatives of the victim's right to seek further legal remedies through appropriate proceedings in competent courts. This decision reaffirms the jurisdictional boundaries within which different courts operate in India’s judicial system.
Bottom line:-
Sessions Court does not have the power to direct the Central Bureau of Investigation (CBI) to conduct an independent investigation into a crime. Such powers rest only with the Constitutional Courts (Supreme Court and High Courts) under Articles 32 and 226 of the Constitution of India.
Statutory provision(s): Articles 32, 226 of the Constitution of India; Sections 156(3), 173 of the Criminal Procedure Code, 1973; Sections 5, 6 of the Delhi Special Police Establishment Act, 1946.
Central Bureau of Investigation v. State of Bihar, (Patna) : Law Finder Doc id # 2924873
