Criminal Trial
Generally - Natural justice - Opportunity of hearing to, and impleadment of accused - Writ petition by father seeking
impartial investigation into murder of his son, a social activist, as politically influential persons were allegedly involved -
High Court's directions for transfer of investigation from State Police to CBI - Grant of opportunity of hearing and
impleadment to a potential accused (appellant herein) not a party to writ petition before High Court, prior to issuance of
said direction - Whether necessary - Held, there is no obligation on High Court to either hear or to make potential
accused (appellant herein) a party to the proceedings before directing that the investigation be conducted by CBI - It is
not necessary to give an opportunity of hearing to proposed accused as a matter of course - If prior notice and an
opportunity of hearing have to be given in every criminal case before taking any action against the accused person, it
would frustrate the entire objective of an effective investigation - In the present case, the appellant was not even an
accused at the time when the impugned order was passed by High Court,
SUPREME COURT OF INDIA
Dinubhai Boghabhai Solanki v. State of Gujarat, (2014) 4 SCC 626
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