order for further investigation / reinvestigation / transfer of ongoing investigation should be passed not as a routine matter. It should not be passed merely on the ground that one party was dissatisfied by the
opinion of the Investigating Officer. It cannot be passed to oblige the one party to the detrimental of the other party. It has to be passed sparingly and in exceptional cases, where it appears that;

i. certain aspects regarding basic constituting elements of the offence, or version of the accused could not be
investigated.

ii. new facts / better evidence or further information has become available, which has direct essential / vital nexus with the alleged crime.

iii. some proclaimed offender in the case has been arrested and important piece of evidence like recovery of weapon of offence has to be collected and other allied matters has to be investigated.

iv. defects of vital nature in the already conducted investigation has been marked / detected/ pointed out.

v. already conducted investigation remained unsatisfactory due to nonavailability of required evidence.

vi. initial investigating officer has extended undue favour to one party by induction of false evidence, or causing some material piece of evidence to disappear or otherwise happens to be biased or partial.

vii. Investigating Officer happens to be negligent, incompetent or has failed to perform his duty properly.

viii. investigation needs to be transferred to some other forum or team due to some technical/sensitive issues.

ix. there is any other compelling circumstance, which makes it necessary that investigation should be transferred to some other officer.

2025 LHC 5459