IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE

th

ON THE 13 OF JANUARY, 2026

MISC. CRIMINAL CASE No. 18425 of 2019

OMPRAKASH SHARMA

Versus

THE STATE OF MADHYA PRADESH AND OTHERS

Appearance:

Shri Sushil Goswami - Advocate for the petitioner. Ms. Anjali Gyanani - PL for the respondents/State.

ORDER that courts, in exercise of jurisdiction under Section 482 Cr.P.C., ought not to interfere or guide the investigating agency as to the manner in which the investigation should be conducted. It has been further emphasized that the inherent powers of the High Court are to be exercised sparingly, with caution, and only to secure the ends of justice or to prevent abuse of the process of the court.

This petition under Section 482 of Cr.P.C. has been filed by the

petitioner seeking enforcement of earlier orders passed by this Court dated 24.06.2015 in M.Cr.C. No.9524/2014 and 27.09.2016 in M.Cr.C.

No.6186/2016.

2. It is submitted by the counsel for the petitioner that on intimation to

the police authorities, Crime No.198/2014 registered for offfence punishable under Sections 420, 177, 182, 477, 193, 201, 204, 34 of IPC, but no action

has been taken by the police.

3. So far as the prayer made by the petitioner for issuing a direction to

the police in respect of filing of charge-sheet is concerned, the same cannot

be granted.

4. The Hon’ble Supreme Court in D. Venkatasubramaniam v. M.K.

Mohan Krishnamachari, (2009) 10 SCC 488, has categorically held that investigation of a crime lies within the exclusive domain of the police and

5. In light of the aforesaid authoritative pronouncement, this Court is of the considered view that issuing a direction to the Investigating Officer to file a charge-sheet or a closure report would amount to supervising the investigation, which is impermissible in exercise of inherent jurisdiction under Section 482 Cr.P.C.

6. At the same time, Section 173(1) of the Code of Criminal Procedure mandates that every investigation shall be completed without unnecessary delay. The Investigating Officer cannot keep the investigation pending indefinitely and is under a statutory obligation to arrive at a conclusion as to whether an offence is made out and to file the appropriate final report, be it a charge-sheet or a closure report, expeditiously.

7. Accordingly, while this Court refrains from issuing any specific direction to file the closure report, it is expected that the Investigating Officer shall conclude the investigation, if not already concluded, and take all consequential steps strictly in accordance with law, preferably within a period of one month from today.

8. In the event of any subsisting grievance, the petitioner shall be at liberty to avail appropriate remedies before the concerned Magistrate or the Superintendent of Police, as permissible under the provisions of the Code of Criminal Procedure, which shall be considered in accordance with law. 9. With the aforesaid observations, the petition stands finally disposed of.

(MILIND RAMESH PHADKE)

JUDGE (aspr)