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2009 Supreme(Ori) 302

B.SUDERSHAN REDDY, R.V.RAVEENDRAN
D. Venkatasubramaniam – Appellant
Versus
M. K. Mohan Krishnamachari – Respondent


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 w


















































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