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1990 Supreme(SC) 740

S.R.PANDIAN, K.JAYACHANDRA REDDY
State Of Haryana – Appellant
Versus
Bhajan Lal – Respondent


Advocates:
AYESHA KARIM, G.SUBRAMANIAN, K.PARASARAN ATTORNEY, Mahabir Singh, Malhotra, P.CHAUDHARY, R.K.GARG, RAJINDER SACHAR, S.C.MOHANTY, S.SRINIVASA VARMA

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The fundamental principle is that everyone, regardless of status, is under the rule of law and is subject to legal accountability (!) (!) .

  2. The investigation process for cognizable offenses is governed by statutory provisions that require the police to register a First Information Report (FIR) upon receiving credible information indicating a cognizable offense, without the police's discretion to refuse registration based on credibility (!) (!) .

  3. The police are empowered to investigate cognizable offenses without prior approval from a magistrate, but such investigations must be conducted within the legal framework and with due regard to procedural safeguards (!) (!) .

  4. The initiation of investigation depends on the police having "reason to suspect" the commission of a cognizable offense, which must be based on articulable facts, not mere suspicion or vague allegations (!) (!) .

  5. The power to investigate is limited by statutory provisions, including specific mandates for the authority of police officers of certain ranks and the requirement of proper orders for investigation of certain offenses, especially under anti-corruption laws (!) (!) .

  6. The courts generally do not interfere with police investigations unless there is a clear violation of legal procedures, abuse of power, or if the allegations do not disclose any offense or are frivolous, vexatious, or motivated by mala fide intentions (!) (!) (!) .

  7. The exercise of extraordinary or inherent judicial powers to quash FIRs or proceedings should be exercised sparingly and only in exceptional cases where the allegations do not prima facie constitute any offense or where continuation would amount to abuse of process or cause undue harassment (!) (!) .

  8. The courts emphasize that the primary responsibility for investigating criminal offenses lies with the police, and judicial intervention at early stages should be limited to prevent unwarranted interference, unless procedural violations or absence of offense are evident (!) (!) .

  9. The document underscores the importance of procedural compliance, especially regarding the authority of police officers under specific statutory provisions, and highlights that violations, if discovered at early stages, should be rectified without invalidating the entire proceeding unless the breach is fundamental (!) (!) .

  10. The judiciary advocates for a balanced approach, ensuring that investigations are conducted lawfully and efficiently, but also cautions against premature quashing of FIRs based solely on untested allegations or political considerations (!) (!) .

  11. In cases where allegations are found to be false, malicious, or motivated by personal vendetta, the appropriate remedy is to initiate separate proceedings under relevant criminal laws for false accusations or defamation, rather than to dismiss the FIR outright (!) (!) .

  12. The legal framework mandates that investigations and subsequent proceedings should be initiated and conducted by competent authorities with proper legal authority, and any deviation or illegal exercise of powers should be corrected by the courts to uphold the rule of law and protect individual rights (!) (!) .

  13. The courts stress that the decision to quash proceedings should be made with caution, considering whether the allegations, if accepted at face value, do or do not constitute an offense, and whether continuation would result in unnecessary harassment or injustice (!) (!) .

  14. Overall, the legal principles reinforce that judicial intervention in criminal investigations should be limited, procedural safeguards must be strictly followed, and investigations should proceed within the bounds of law unless clear violations or lack of offense are established.


6JUDGMENT

S. RATNAVEL PANDIAN, J.:-Leave granted.

2. "The king is under no man, but under God and the law" - was the reply of the Chief Justice of England, Sir Edward Coke when James-I once declared "Then I am to be under the law. It is treason to affirm it" - so wrote Henry Bracton who was a Judge of the Kings Bench.

3. The words of Bracton in his treatise in Latin "quod Rex non debat esse sub homine, sed sub Deo et Lege". (That the king should not be under man, but under God and the law) were quoted time and time again when the Stuart kings claimed to rule by divine right. We would like to quote and requote those words of Sir Edward Coke even at the threshold.

4. In our democractic polity under the Constitution based on the concept of Rule of law which we have adotped and given to ourselves and which serves as an aorta in the anatomy of our democratic system. THE LAW IS SUPREME.

5. Everyone whether individually or collectively is unquestionably under the supremacy of law. Whoever he may be, however high he is, he is under the law. No matter how powerful he is and how rich he may be.

6. The heated and lengthy argument advanced in general by all the learned counsel on the magnitude and t






























































































































































































































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