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High Court Of Delhi
WASHESHAR NATH CHADHA - Appellant
Versus
STATE OF DELHI - Respondent
Criminal Miscellaneous (Main) 1318 of 1990
Decided On : 03/10/1992
Held: The question, however, far consideration is as to whether it is open to a person to approach the High Court under section 482 Cr. P .C., expressing grievance against an order of the Court passed during investigation of the case, and my answer to this question is in the affirmative. The question as to whether there are grouds far the court to issue non-bailable warrants can certainly be gone into by this Court in exercise of the powers under section 482 Cr. P.C. Such a scrutiny of the order of a Magistrate can by no stretch of imagination be termed as interference in the investigation of a case by the Police. Court cannot interfere in exercise of the power under section 482 Cr'. P.C. in the collection of evidence and arrest even by illegal methads. The decision with regard to the power of issuing warrants being available to the Magistrate in respect of a person living abroad and wanted only far interrogation would not amount to interference and would not stop the investigation of the case. Whether the petitioner is entitled to any relief in such proceedings, is entirely different. (Para 15)
(ii) Cr. P.C. 1973 - Section 160 - Power of Police officer to require attendance of witnesses - Petitioner living in Dubai - Whether police officer can issue notice under section 160 for his attendance? (No).
Held: A bare reading of the above section makes it abundantly clear that a Police Officer is empowered to direct any person to be present be fare him so as to be available far interrogation who. appears to be acquainted with the facts and circumstances of the case provided that the said person is available within the limits of his own or any adjoining station. The case of the petitioner has been that he was residing in Dubai since 27th October, 1988 and so, it cannot be said that he was residing within the jurisdiction of the Investigating Officer. In these circumstances, it appears that the Investigating Officer could not avail of the benefit of this section. (para 17)
(iii) Cr. P.C. 1973 - Section 73 - Warrant for arrest of a person who is accused of any non-bailable offence - Petitioner required as a witness in a non-bailable offence - Whether warrant can be issued under section 73 by court for his presence? (No).
A reading of the Section makes it abundantly clear that warrant can be issued by a court against a person who. is accused of non-bailable offence and is evading his arrest. The question far consideration is as to whether the petitioner is evading arrest as an accused and my answer is in the negative. (para 22)
(iv) Cr. P.C. 1973 - Section 482 - Issuance of non-bailable warrants against the petitioners by the Special Judge on 14.3.1990 and 23.4.1990 for being produced before the Special Judge so that the 1.0. may join him in investigation - Warrants issued on wrong facts - Petition under section 482 - Whether be accepted? (Yes).
In view of my aforesaid discussions the petition is accepted in part. The issuance of the nan-bailable warrants against the petitioner by the Special Judge an 14.3.1990 and 25.4.1990 far being produced before the Special Judge so, that the investigating officer may join him in investigation is held to be without jurisdiction and thus could not be issued. Investigating Officer is, however, free to take any steps permissible under
law to proceed further with the investigation of the case. The prayer with regard to the setting aside of the orders dated 5.6.1990 and 7.6.1990 is however, declined. (para 31)
Result: Petition partly allowed.
( 1 ) HIGH Court in exercise of the powers under section 482 Cr. P. C. has no power to interfere with the investigation of a case even if the police officer is making efforts to arrest a person in violation of Section 41 (1) (a) Cr. P. C. . . It is, thus clear that so long as the investigating Officer is making investigation independently without the assistance of the court, it is not within the power of the High Court in exercise of the powers under section 482 Cr. P. C. to interfere with the investigation, the question as to whether the F. I. R. should be quashed and whether any interference is required, could be gone by the High Court in writ jurisdiction.
( 2 ) THE question as to whether there are grounds for the court to issue non-bailable warrants can certainly be gone into by High Court in exercise of the powers under section 482 Cr. P. C. such as scrutiny of the order of a Magistrate can by no stretch of imagination be term as interference in the investigation of a case by the Police. Court cannot interfere in exercise of the power under section 482 Cr. P. C. in the collection of evidence and arrest even by illegal methods. The decision with regard to the power of issuing warrants being available to the Magistrate in respect of a person living abroad and wanted only for interrogation would not amount to interference and would not stop the investigation of the case.
( 3 ) IN the instant case the petitioner is not required by the police for being arrested as an accused rather his presence is required only to join him in the interrogation of the case. There are no valid warrant of arrest against him nor could such warrant be issued by special Judge to direct the petitioner to be arrested and produce in court only to make him available to the Investigating Officer for examination as a person who could throw some light on the facts of the case under investigation.
( 4 ) THE petitioner no doubt is named as an accused in the case, his presence is required by the investigating officer for interrogation and in these circumstances his co-operation is required but since he was not available warrants of arrest were obtained against him.
( 5 ) THE issuance of the non-bailab warrants against the petitioner by the special Judge on for being produced before the Special Judge so that the investigating officer may join him in investigation is held to be without jurisdiction and thus could not be issued. Investigating officer is, however, free to take any steps permissible under law to proceed further with the investigation of the case.
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