The statutory right of the police to carry on investigation into cognizable offences cannot be interfered with under Sections 401 and 482 before launching prosecution.

1. These petitions, though the prayers are worded differently, in effect it is to investigate the case and to register the complaint.

2. These petitions are filed under Section 482, Cr.P.C. As per the Judgment of the Supreme Court in State of West Bengal v. S.N.Basak , AIR 1963 SC 447 and Hazari Lal Gupta v. Rameshwar Prasad and another , AIR 1972 SC 484, it has been held that the statutory right of Police to carry on investigation into cognizable offence cannot be interfered with under Sections 401 and 482 before launching prosecution. Interference with such investigation would be impeding investigation and jurisdiction of statutory authorities to exercise the power in accordance with Cr.P.C. The Supreme Court held so in these two cases following its earlier decision in R.P.Kapur v. State of Punjab , AIR 1960 SC 866, held that:

“The High Court does not interfere with such investigation because it would then, be impeding investigation and jurisdiction of statutory authorities to exercise powers in accordance with the provisions of the Cr.P.C. The High Court was correct in dismissing the application filed under Section 561(A) of the Cr.P.C.”

In State v. Bajanlal, AIR 1982 SC 604, the Supreme Court has held that the field of investigation of any cognizable offence is exclusively within the domain of investigating agencies over which the Court cannot have control so long as the investigation proceeds in compliance with the provisions relating to investigation. In Union of India v. W.N.Chadha , AIR 1993 SC 1082, it was held that “a Division Bench of the High Court not only injuncted the appellant from arresting the respondent, but also fixed time and place for carrying out his interrogations, such kind of supervision on the enquiry or investigation under the statute is uncalled for.”

In State represented by CBI v. Anil Sharma , 1997 (7) SCC 187, it was held that “the functions of the judiciary, and the police are complementary, not overlapping and the Court’s functions begin when a charge is preferred before it, and not until then”. In State of Bihar and another v. P.P.Shanna and another , AIR 1991 SC 1260, the Supreme Court has held that “without compelling and justifiable reasons the Court should not interfere with the’investigation which is still on its way. According to the Code of Criminal Procedure, the formation of opinion as to whether or not there is a case to place the accused for trial is that of the police officer making the investigation and the final step in Investigation is to be taken only by the police and by no other authority.”

The Supreme Court in Eastern Spinning Mill v. Rajiv , AIR 1985 SC 1668, has held that “Save in exceptional cases where non-interference would result in miscarriage of justice, the Court and the judicial process should not interfere at the stage of police investigation”.

The Supreme Court in Union of India v. Shushil Kumar Modi , 1997 AIR SCW 725, has held that “if during the investigation under Chapter XII of the Code, the police are found to be not performing their duty by conducting an honest, objective and speedy investigation, then, at that stage the aggrieved party can use the mandamus procedure by moving the High Court under Article 226 of the Constitution to see that the police perform their duty objectively”.

3. From the above decisions, it is clear that this Court cannot interfere while exercising the power conferred under Section 482, Cr.P.C. to direct the investigation of a case. It is purely the domain of the police. Only in cases where the police are found to be not performing their duty in honest and objective manner, the aggrieved party can approach the Court that too only under Article 226 of the Constitution of India, and not by resorting to the provisions of Section 482, Cr.P.C.

4. In as much as, these petitions are filed under Section 482, Cr.P.C, these petitions are not maintainable and hence they are dismissed.