1. Complaint under Section 156(3) CrPC seeking independent agency investigation into a death — conflicting orders by Magistrate, High Court, and Sessions Court. (Para 2 , 3 , 4 )
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2000 Supreme(SC) 238
2000(6) Supreme 571
SUPREME COURT OF INDIA
K.T. Thomas and D.P. Mohapatra, JJ.
Om Prakash Chugh -Appellant
versus
State of Haryana & Ors. -Respondents
Criminal Appeal Nos. 110-111 of 2000
(@ SLP (Crl.) No. 1696-1697 of 1999)
With
Special Leave Petition (Crl.) No.... of 2000
(@ Crl.M.P. No. 6739 of 1998)
Decided on 1-2-2000.
Important Points
Complaints under Section 156(3) CrPC should be forwarded to the local police station. Courts must refrain from making merit-based observations on complaints at the preliminary stage, as such comments can prejudice the investigation and the accused.
Subject
Criminal Law - Investigation
Act Referred
Headnote
Code of Criminal Procedure, 1973-Section 156-Investigation by police-Two version of same incident-One in form of FIR and another a complaint filed before Court by father of deceased-Complainant s request for investigation by CBI-Held, complaint filed before Magistrate has to be forwarded by Magistrate to Police-Aggrieved party on account of investigation can move State Government or High Court under Article 226 of Constitution for appropriate order-High Court not justified in making certain remarks on averments contained in complaint as well as case involved in FIR. (Paras 6 & 7)
Legal Category Hierarchy
Table of Contents
2. Whether a Magistrate can direct investigation by an agency other than the local police when forwarding a complaint under Section 156(3) CrPC. (Para 5 )
3. High Court should not make merit-based comments on complaints at the preliminary stage as it prejudices the investigating agency and the accused. (Para 7 )
4. Complaints under Section 156(3) CrPC must be forwarded to the local police; premature judicial findings on merits during pending investigations are unwarranted. (Para 6 , 7 )
5. High Court judgment set aside and appeals disposed of. (Para 7 , 9 )
6. To whom should a complaint filed before a Magistrate under Section 156 of the Code be forwarded?
The complaint should necessarily be forwarded to the Officer-in-charge of the police station concerned, who is then required to register an F.I.R. based on the allegations contained in the complaint. (Para 6 )
7. What remedy is available to a person aggrieved by the investigation conducted by the local police?
An aggrieved person can approach either the State Government or the High Court under Article 226 of the Constitution for appropriate orders to ensure a fair and proper investigation. (Para 6 )
8. Can a court make findings on the merits of a case while the investigation is still pending?
No, any finding on the merits of the case at a stage when investigation is pending is unwarranted as it would cause prejudice to both the investigating agency and the accused. (Para 7 )
ORDER
Leave granted.
2. An incident happened on 2nd July, 1997 about which there appears to be two rival versions. One version had come in the form of F.I.R. No. 452 of 1997, Police State - City Sonepat (Haryana). We are told that investigation in that case is continuing. Appellant is the father of one Vinod who died in the incident which happened on 2.7.1997. Appellant filed a complaint before the Chief Judicial Magistrate, Sonepat on 10.7.1997 alleging that his son was shot dead by the persons shown as accused therein. After narrating his own version of the incident appellant made a prayer at the final end that action under Section 156(3) of the Code of Criminal Procedure Code (hereinafter referred to as the Code ) may be resorted to. Additionally, he prayed that investigation may be entrusted to the Central Bureau of Investigating (CBI) or any other investigation agency which is totally independent of the local police. An order was passed by the Chief Judicial Magistrate on 18.3.1998 directing the C.B.I. to conduct investigation into allegations set out in the said complaint.
3. In the meanwhile appellant filed a petition under Section 482 of the Code before the High Court of Punjab and Haryana at Chandigarh for issuing necessary directions to the Chief Judicial Magistrate and also for directing the C.B.I. to take up investigation in the cases involving F.I.R. No. 452 of 1997 and also the complaint which he filed before the C.B.I. The High Court disposed of the said original petition by order dated 3.4.1998 upholding that there is no necessity of entrusting the investigation to the C.B.I. or any other agency.
4. Thereafter, a Revision was filed before the Sessions Court, Sonepat in challenge of the order passed by the Magistrate dated 18.3.1998. The Session Judge disposed of Revision by setting aside the above mentioned order of the Chief Judicial Magistrate. These appeals are in challenge of the judgment of the High Court mentioned above and the order passed by the Session Court dated 2.5.1998.
5. As we were considering the sustainability of the plea that a Magistrate while forwarding a complaint under Section 156(3) of the Code can direct the investigation to be taken up by any agency other than the police station to which complaint was to be forwarded, learned senior counsel Mr. Sushil Kumar arguing for the appellant submitted that appellant is not presently pressing for the prayer that investigation should be ordered by the Magistrate to be taken up by the C.B.I. or other agency. This is recorded. Hence, we are not considering that legal aspect in these appeals.
6. The complaint filed by the appellant before the Magistrate should necessarily be forwarded to the Officer-in-charge of the police station concerned as provided in Section 156 of the Code. Such officer has to register an F.I.R. on the allegations contained in the complaint. If there is an aggrieved person on account of the investigation so carried on by the local police he can approach either the State Government or the High Court under Article 226 of the Constitution for appropriate orders in the matter. Shri K.T.S. Tulsi, learned senior counsel arguing for the State of Haryana submitted that if the appellant entertains any genuine grievance that fair and proper investigation would not be conducted by the local police he can approach the Government and then Government will pass appropriate orders after taking into account all the relevant factors. This submission is also recorded.
7. The above are not enough to dispose of these appeals. We have come across from the judgment of the learned Single Judge of the High Court that remarks have been made on the averments contained in the complaint as well as the case involved in F.I.R. No. 452 of 1997. We are of the considered view that the High Court should not have made such comments on the averments contained in the complaint as the same remains only in the embryo stage because the complaint has not yet been forwarded by
