IMPORTANT POINT
The court reaffirmed that police discretion in investigations must be respected, and judicial interference should be limited to exceptional circumstances.

ORDER :

(G.S. Ahluwalia, J.) :

This petition under Article 226 of Constitution of India has been filed seeking the following reliefs :—

“(i) The Hon’ble High Court may kindly be pleased to issue an appropriate writ, order or direction to call for the entire record from the respondents with regard to case of petitioner for its perusal.

(ii) The Hon’ble High Court may kindly be pleased to issue writ in the nature of mandamus directing respondents to conduct and complete investigation in fair and transparent manner by considering all angles of the case, considering all material provided by petitioner etc. within some time bound manner under the monitorship of respondent No. 6 in the interest of justice.

(iii) The Hon’ble High Court may kindly be pleased to alternatively, issue writ in the nature of mandamus directing matter may be investigated by any other agency of State Government or Central Government as there are serious allegations against accused persons in the interest of justice.

(iv) The Hon’ble High Court may kindly be pleased to issue writ in the nature of mandamus directing respondent No. 6 to conduct enquiry into the conduct of respondent Nos. 3 to 5 in the case of petitioner in the interest of justice.

(v) Any other writ, order or direction as deem fit and proper in favour of the petitioner together with cost may also kindly be issued against the respondents in the interest of justice.”

2. It is submitted by counsel for petitioner that although the police has registered a Crime No. 246/2023 at Police Station- Waraseoni, District Balaghat for offence under sections 406, 417, 418 and 420 of Indian Penal Code but no action has been taken. Even the suspect has not been arrested and there is no substantial progress in the investigation.

3. Per contra, the petition is vehemently opposed by counsel for State.

4. Heard learned counsel for the parties.

5. So far as the prayer made by petitioner for issuing a direction to the police to arrest the accused persons is concerned, the same cannot be granted.

6. The Supreme Court in the case of D. Venkatasubramaniam and others vs. M. K. Mohan Krishnamachari and another, reported in (2009) 10 SCC 488 has held as under :—

“19. The High Court, within a period of one month from the date of filing of the petition, finally disposed of the same observing that,

“it is obligatory on the part of the respondent police to conduct investigation in accordance with law, including recording of statements from witnesses, arrest, seizure of property, perusal of various documents and filing of charge-sheet. It is also needless to state that if any account is available with the accused persons, or any amount is in their possession and any account is maintained in a nationalised bank, it is obligatory on the part of the respondent police to take all necessary steps to safeguard the interest of the aggrieved persons in this case”.

The Court accordingly directed the police to expedite and complete the investigation within six months from the date of receipt of a copy of the order. The said order of the High Court is impugned in these appeals.

* * *

25. 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. In M. C. Abraham vs. State of Maharashtra, (2003) 2 SCC 649 this Court observed : (SCC pp. 657-58, para 14)

“14. … Section 41 of the Code of Criminal Procedure provides for arrest by a police officer without an order from a Magistrate and without a warrant. The section gives discretion to the police officer who may, without an order from a Magistrate and even without a warrant, arrest any person in the situations enumerated in that section. It is open to him, in the course of investigation, to arrest any person who has been concerned with any cognizable offence or against whom reasonable complaint has been made or credible information has been rece