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2017 (11) TMI 2037 - SC - Indian LawsValidity of Supplementary Report filed Under Section 173 of Code of Criminal Procedure. dated 26.04.2007 by the Investigating Officer - It is stated in the Report itself that the charges are added at the instance of the National Commission for Scheduled Castes - HELD THAT:- No detailed discussion is warranted on the well-settled proposition that no external agency can dictate the course of investigation in a criminal case. It is within the exclusive jurisdiction of the police. The Court also cannot supervise the investigation. However, in exceptional situations, Superior Courts may monitor an investigation. But that is not the same as supervision - No doubt, superior officers of police may exercise their powers Under Section 36 Code of Criminal Procedure in supervising the investigation. In the instant case, it appears that the direction was issued on the basis of a complaint filed by Respondent No. 2 before the Commission. It is not clear as to whether the Commission had conducted any inquiry before issuing direction to the Police. At any rate, it is submitted that the Appellants have not been involved in any such inquiry. Equally, it is not clear whether the second Respondent had made out a case for the intervention of the Commission under the Rules of Procedure of National Commission for Scheduled Castes. From a perusal of contents of the NCR bearing No. 96/04 dated 25.07.2004, it is clear that the ingredients Under Section 3(1)(x) have not been made out. There was not even a whisper of allegation of harassment based on caste. That is why the first chargesheet was only Under Sections 323, 504 and 506 of the Indian Penal Code. It is over two years later that the Respondent No. 2 appears to have complained to the Commission. Under Rule 7.5.2(vi), the Commission is empowered to conduct an inquiry to "whether proper charge sheet has been filed mentioning the relevant Sections of Indian Penal Code together with the PCR Act, 1955 and SCs & STs (POA) Act, 1989 in Court". This is not a power to dictate the course of the investigation. The Commission is competent to point out any lapses or laches in the investigation. The Commission could only have brought to notice of the Police the need for a proper or further investigation and it was for the Police to take a call. The High Court ought to have exercised its jurisdiction Under Section 482 Code of Criminal Procedure to secure the ends of justice. There is no prohibition under law for quashing a chargesheet in part. A person maybe Accused of several offences under different penal statutes, as in the instant case - A chargesheet filed at the dictate of somebody other than the police would amount abuse of the process of law and hence the High Court ought to have exercised its inherent powers Under Section 482 to the extent of the abuse. There is no requirement that the chargesheet has to be quashed as a whole and not in part. This appeal is allowed. The Supplementary Report filed by the Police, at the direction of the Commission, is quashed.
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