B.SUDERSHAN REDDY, R.V.RAVEENDRAN
D. VENKATASUBRAMANIAM – Appellant
Versus
M. K. MOHAN KRISHNAMACHARI – Respondent
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 quo 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 wit
1. Emperor V. Khwaja Nazir Ahmad AIR 1945 PC 18.
2. State of West Bengal V. S.N. Basak
3. M.C. Abraham & Anr. v. State of Maharashtra & Ors. (2003) 2 SCC 649.
4. Divine Retreat Centre V. State of Kerala & Ors. (2008) 3 SCC 542.
5. D.K. Basu v. State of West Bengal (1997) 1 SCC 416.
6. Inder Mohan Goswami & Anr. v. State of Uttaranchal & Ors. (2007) 12 SCC 1
7. Central Bureau of Investigation v. A. Ravishankar Prasad & Ors. (2009) 6 SCC 351.
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