LexStreak
Read free →
Supreme Court of India· 16 September 2026

Must a direction for CBI investigation be issued as a matter of routine or merely on a party's allegations?

VINIT KUMAR & ORS v. STATE OF U.P
2026 INSC 997 · WRIT PETITION (C) NO. 123 OF 2013
Coram: Justice Pamidighantam Sri Narasimha · Justice Alok Aradhe
🔖 Save this judgment🔔 Follow Article 32 of the Constitution o…📬 Get today's judgments
View the original judgment PDFFree to read. To download it — or the LexStreak typeset copy with the headnote and Points of Law — create an account; downloads are part of the Pro plan.
Answer

A direction for CBI investigation must not be issued as a matter of routine or merely on a party's allegations.

No. A direction for CBI investigation must not be issued as a matter of routine or merely on a party's allegations. Despite the wide powers conferred by Articles 32 and 226 of the Constitution, the Court must bear in mind the self-imposed limitations on exercise of such constitutional powers, and pleadings and material sufficient for a CBI inquiry must be shown; here, the petitioners had neither lodged an FIR nor made any allegation against the local police, and no averments disclosed a basis for a CBI enquiry. (¶23)

Headnote

Constitution of India — Article 32 — Article 226 — CBI investigation — Suppression of material facts — Writ jurisdiction — Constitution of India — Articles 32, 226 — Restraint on CBI directions — Held: A direction for CBI investigation must not be issued as a matter of routine or merely on a party's allegations. Despite the wide powers under Articles 32 and 226, the Court must observe self-imposed limitations and require pleadings and material sufficient for such an inquiry. (¶23) Writ jurisdiction — Suppression of material facts — Held further: Suppression of a material fact, without more, disentitles a writ petitioner to any relief. The petitioners did not disclose an earlier writ petition by some of them seeking the same relief, already disposed of consistently with the Division Bench's judgment. Writ petition dismissed with no order as to costs. (¶21, 24)

Headnote

You've used your free headnotes this month

The answer above and the Court's own paragraphs stay free. LexStreak's full headnote on this judgment needs an account — a free one opens it again.

Create my free account
In the Court's own words
Paragraph 23Fourthly, a Constitution Bench of this Court in State of West Bengal & Ors. v. Committee for Protection of Democratic Rights, West Bengal & Ors.[^5] held that despite wide powers conferred by Articles 32 and 226 of the Constitution, the Court must bear in mind the self-imposed limitations on exercise of such constitutional powers. It was held that direction to CBI to conduct investigation is not to be issued as matter of routine or merely because a party has levelled some allegations on local police. Similar view has been taken by a two-Judge bench of this Court in Himanshu Kumar and Ors. v. State of Chhattisgarh and Ors[^6]. Another two-Judge Bench of this Court in Legislative Council U.P. Lucknow and Ors. v. Sushil Kumar and Ors.[^7] held that while issuing directions to CBI, to hold an investigation, pleadings and material sufficient for CBI inquiry are required to be looked into. In the instant case, the petitioners have neither lodged a first information report nor had made any allegations against the local police. No averments have been made in the writ petition disclosing the basis for direction for an enquiry by CBI. Therefore, we are not inclined to accede to the said prayer made by the petitioners.
Acts & Sections
Article 32 of the Constitution of IndiaArticle 226 of the Constitution of India

One judgment a day. That's the whole habit.

Read the full text of VINIT KUMAR & ORS v. STATE OF U.P — and get the Supreme Court's output as a five-minute daily read, with plain-language headnotes and the questions each judgment settles.

Create my free account

Free forever plan · 30 seconds · data stays in India

Open the full judgment →

Also decided in this judgment
Does suppression of a material fact bar a writ petitioner from any relief, without more?
Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Supreme Court of India. Corrections