Headnote:1. CRIMINAL PROCEDURE CODE, 1973 - Sec. 482 - Whether it is open to High Court in exercise of its jurisdiction under the section to interfere with the statutory power of investigation by police into a cognizable offence ? - Held, No - High Court, in exercise of its power under Article 226 of the Constitution of India, cannot direct the investigating agency to investigate the case in accordance with its view as that would amount to unwarranted interference, equally no such directions could be issued in exercise of inherent jurisdiction under Section 482 of the Code - In the present case held, High Court without realizing the consequences, issued directions in a casual and mechanical manner without hearing the appellants - Impugned order is a nullity and liable to be set aside only on that score. (Paras - 19 to 23)
       2. INVESTIGATION - Offences under Sec. 406 and 420 IPC - Investigation by police - Police stating that matter settled voluntarily between the parties in the police station - Held, police have no such authority or duty of settling disputes. (Para - 15)
       3. CRIMINAL PROCEDURE CODE, 1973 - Sec. 482 - The inherent power of the High Court is saved to interfere with the proceedings pending before a criminal Court if such interference is required to secure the ends of justice or where the continuance of the proceeding before a Court amounts to abuse of the process of Court - Powers have to be exercised sparingly, carefully and with caution, only where such exercise is justified by the test laid down in the provision itself. (Paras - 20 & 21)
       4. INVESTIGATION - By police - Interference by Court - It is the statutory obligation and duty of the police to investigate into the crime and the Courts normally ought not to interfere and guide the Investigating Agency as to in what manner the investigation has to proceed.(Paras - 16)
       5. CRIMINAL PROCEDURE CODE, 1973 - Sec. 482 - Inherent power of High Court - It can be exercised by the High Court either suo motu or on an application (i) to secure the ends of justice (ii) the High Court may make such orders as may be necessary to give effect to any order under the Code, (iii) to prevent abuse of the process of any Court - No other ground on which the High Court may exercise its inherent power.
       The High Court is not expected to make any casual observations without having any regard to the possible consequences that may ensue from such observations. Observations coming from the higher Courts may have their own effect of influencing the course of events and process of law. For that reason, no uncalled for observations are to be made while disposing of the matters and that too without hearing the persons likely to be affected.
       (Para - 24)
       6. INVESTIGATION - It is not necessary that every investigation should result in arrest, seizure of the property and ultimately in filing of the charge-sheet - The police in exercise of its statutory power coupled with duty, upon investigation of a case, may find that a case is made out requiring it to file charge sheet or may find that no case as such is made out. (Para - 21)

Judgement Key Points

Key Points: - The police have the statutory right and duty to investigate cognizable offences; courts should not interfere with investigation except under appropriate circumstances (!) (!) (!) - High Court's inherent power under Section 482 Cr.P.C. is to be exercised sparingly to secure ends of justice or to prevent abuse, not to direct the investigation according to the Court's views (!) (!) - High Court's directions directing police to arrest, seize, or file a charge sheet, or to investigate in a particular manner, can overstep jurisdiction and amount to unwarranted interference (!) (!) - Observations or directions must be reasoned, hearing must be provided, and casual or mechanical orders without hearing are liable to be set aside as nullities (!) (!) - The inherent power does not create new powers beyond those already possessed; it preserves existing powers to secure ends of justice and to prevent abuse (!) (!)

What is the authority of the High Court under Section 482 Cr.P.C. to interfere with police investigation into a cognizable offence?

What are the limits and conditions under which the High Court's inherent power (Section 482 Cr.P.C.) may be exercised to secure ends of justice without directing the investigation?

What are the consequences ofHigh Court directives that interfere with statutory police investigation or that are issued without hearing the parties?

JUDGMENT

B. SUDERSHAN REDDY, J. — A short question that arises for our consideration in these appeals is whether it is open to the High Court in exercise of its jurisdiction under Section 482 of the Code of Criminal Procedure to interfere with the statutory power of investigation by police into a cognizable offence ? If such a power is available with the Court, what are the parameters for its interference ?

2. It is well settled and this Court time and again, reiterated that the police authorities have the statutory right and duty to investigate into a cognizable offence under the scheme of Code of Criminal Procedure (for short ‘the Code ). This Court, on more than one occasion, decried uncalled for interference by the Courts into domain of investigation of crimes by police in discharge of their statutory functions. The principle has been succinctly stated way back in Emperor V. Khwaja Nazir Ahmad AIR 1945 PC 18 and the same has been repeatedly quoted with respect and approval. The Privy Council observed that “just as it is essential that every one accused of a crime should have free access to a Court of justice so that he may be duly, acquitted if found not guilty of the offence with which he is charged, so it is of the utmost importance that the judiciary should not interfere with the police in matters which are within their province and into which the law imposes upon them the duty of enquiry”.

3. The Privy Council further observed:

“In India as has been shown there is a statutory right on the part of the police to investigate the circumstances of an alleged cognizable crime without requiring any authority from the judicial authorities, and it would, as their Lordships think, be an unfortunate result if it should be held possible to interfere with those statutory rights by an exercise of the inherent jurisdiction of the Court. The functions of the judiciary and the police are complementary not overlapping and the combination of individual liberty with a due observance of law and order is only to be obtained by leaving each to exercise its own function, always, of course, subject to the right of the Court to intervene in an appropriate case when moved under Section 491, Criminal P.C. to give directions in the nature of habeas corpus. In such a case as the present, however, the Court's functions begin when a charge is preferred before it and not until then. It has sometimes been thought that Section 561A has given increased powers to the Court which it did not possess before that section was enacted. But this is not so. The section gives no new powers, it only provides that those which the Court already inherently possess shall be preserved and is inserted, as their Lordships think, lest it should be considered that the only powers possessed by the Court are those expressly conferred by the Criminal Procedure Code, and that no inherent power had survived the passing of that Act.”

(emphasis supplied)

4. In State of West Bengal V. S. N. Basak (1963) 2 SCR 52, a Division Bench of three Judges of this Court, while referring to the observations of the Privy Council referred to hereinabove, observed:

“With this interpretation, which has been put on the statutory duties and powers of the police and of the powers of the Court, we are in accord.”

and it was further held:

“The powers of investigation into cognizable offences are contained in Chapter XIV of the Code. Section 154 which is in that Chapter deals with information in cognizable offences and Section 156 with investigation into such offences and under these sections the police has the statutory right to investigate into the circumstances of any alleged cognizable offence ...and this statutory power of the police to investigate cannot be interfered with by the exercise of power under Section 439 or under the inherent power of the court under Section 561A of Criminal Procedure Code”.

This Court, having found that the High Court had exceeded its jurisdiction in inte

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2009 Supreme(Ori) 302

What is the authority of the High Court under Section 482 Cr.P.C. to interfere with police investigation into a cognizable offence?

What are the limits and conditions under which the High Court's inherent power (Section 482 Cr.P.C.) may be exercised to secure ends of justice without directing the investigation?

What are the consequences ofHigh Court directives that interfere with statutory police investigation or that are issued without hearing the parties?

Cases Referred (9)