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"Therefore, let there be an interim order directing the CBI to investigate into the cause of unnatural death of Rizwanur and the CBI shall a file a report in a sealed cover".

In this connection, this Court also considers it necessary to extract a passage from the decision of the Apex Court in H.N. Rishbud (supra) dealing with 'investigation' under the Code. It reads thus:

"Investigation usually starts on information relating to the commission of an offence under Section 154 of the Code. If from information so received or otherwise, the officer in charge of a police station has reason to suspect the commission of an offence, he or some other officers deputed by him, has to proceed to the spot to investigate the facts and circumstances of the case and if necessary to take measures for the discovery and arrest of the offenders.
Thus, investigation primarily consists in the ascertainment of the facts and circumstances of the case. By definition, it includes 'all the proceedings under the Code for the collection of evidence conducted by a police officer'."

In Bhagwant Kishore Joshi (supra), the position emerging from Section 157 of the Code was reiterated that an officer in charge of a police station can start investigation either on information or otherwise.

In the present case it is an admitted position on facts that when the order dated 16.10.07 was passed by the Court, there was no FIR disclosing commission of cognizable offence. On 22.9.07, the petitioner no.2 had by his complaint informed Karaya Police Station about the unnatural death of Rizwanur and that he suspected the hands of respondent no.12 behind his death. Immediately thereafter, the CID had taken over investigation and had conducted investigation which ultimately was declared to be 'not in accordance with law'. The Court directed CBI to investigate the cause of unnatural death of Riz on 16.10.07 on this petition in which the CBI was a respondent. In the petition it had been alleged that Riz had been killed/murdered. As has been held in H.N. Rishbud (supra) and Bhagwant Kishore Joshi (supra), the CBI was empowered to conduct investigation on the basis of information received otherwise than information recorded under Section 154 of the Code.