10 June 2024 Investigation >> Criminal Law   |   Medical, Pharma & Healthcare >> Miscellaneous  

In a recent order, Suprem Court has directed a respondent to undergo a medical examination as part of an ongoing investigation. The case involves a Special Leave Petition (SLP) challenging a lower court order.

Background:

The court exempted the petitioner from filing a certified copy of the judgment and its official translation. A notice was issued to the respondent returnable on August 9th, 2024. The respondent, represented by senior counsel Shikhil Suri, had filed a caveat petition. An earlier order from another court had directed the respondent to cooperate with the investigation but protected them from arrest. The investigating officer subsequently issued a notice under Section 41-A of the CrPC for a medical examination. The respondent objected to the medical examination in an application (IA No. 2). The court, finding the objection suspicious, clarified that the right against self-incrimination was not applicable in this case. The court directed the respondent to comply with the investigation and undergo the medical examination. A previous order protecting the respondent from coercive action was stayed, and a new date for the medical examination was set for July 10th, 2024.

What This Means:

This order emphasizes the importance of cooperating with investigations. The court's decision to stay the previous order and direct the medical examination suggests that the respondent's objections were not considered legitimate. The case is likely to progress with the medical examination taking place on the new date.

  Code of Criminal Procedure, 1973