TMI Blog2009 (9) TMI 940X X X X Extracts X X X X X X X X Extracts X X X X ..... 467 and 120-B of the Indian Penal Code, 1860, had been handed over to the Assistant Commissioner of Police, C Division, Ahmedabad City. By the said order, the High Court also directed the Assistant Commissioner of Police, C Division, Ahmedabad City, to file a progress report of the investigation undertaken in the aforesaid F.I.R. dated 24th December, 2008. It was also indicated that in the event final report was ready, the same was not to be submitted without prior intimation to Court. 3. On 23rd January, 2009, the learned Additional Public Prosecutor placed an Action Taken Report of even date before the Court. In the said report, the officer concerned had stated that the investigation was being conducted according to the procedure followed. Based upon the said report, the Additional Public Prosecutor was directed to convey to the Officer present in the Court to incorporate the details of the action taken by him from the date of the receipt of the letter dated 5.12.2008 which, according to him, was received by him on 12.12.2008. The learned Additional Public Prosecutor was also directed to place on record the steps taken by the Police Authorities in respect of Item No.13 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncement of the construction, the respondents and several other persons commenced various litigations against the appellant. 8. On 14th May, 2008, various people, including the Respondent No.2, filed Special Civil Application No.7572 of 2008 before the High Court in respect of civil disputes between the parties and the matter is still pending. Thereafter, on 2nd June, 2008, the State of Gujarat filed Special Criminal Application No.1061 of 2008 before the High Court for a writ in the nature of Mandamus for a direction to the police authorities of Sarkhej Police Station, Ahmedabad, to register the complaint of the appellant under Section 154(3) of the Criminal Procedure Code. 9. F.I.R.No.187 of 2008 having been lodged on 11th August, 2008, the High Court disposed of the Special Criminal Application filed by the respondent on 12th August, 2008. Subsequently, on 25th September, 2008, the respondents filed Special Criminal Application No.1855 of 2008 before the High Court praying for transfer of F.I.R. No.187 of 2008, registered with Sarkhej Police Station, Ahmedabad, to the Central Bureau of Investigation. The said prayer was ultimately given up. The High Court issued notice in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g, i.e., 23.1.2009. 13. On 23.1.2009, the learned Additional Public Prosecutor submitted the Action Taken Report of even date. In that report, the Investigating Officer, who was an officer of the rank of Assistant Police Commissioner, `C' Division, Ahmedabad City, narrated the steps taken till then and what remained to be done by way of further investigation in the matter. The Additional Public Prosecutor was directed to convey to the Investigating Officer who was present in the Court, that steps should be taken to incorporate the details of the action taken by him from the date of receipt of letter dated 5.12.2008. The learned Public Prosecutor was also directed to place on record the steps taken by the police authorities with a specific item in the Action Taken Report dated 11.11.2008 filed under the signature of Mr. M.B. Joshi, Senior Police Inspector, Sabarmati Police Station, Ahmedabad City. 14. Appearing in support of the appeals, Mr. R.F. Nariman, learned Senior Advocate, submitted that from the orders dated 5.12.2008 and 23.01.2009, passed by the Gujarat High Court, it would be evident that the High Court had, in fact, taken over the investigation by directing bot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hould be wary of its possible consequences. We say no more. 16. Mr. Nariman submitted that the aforesaid observation was sufficient to indicate that investigation into an alleged offence is the responsibility of the investigating agency which should not be interfered with by the Courts, except for compelling reasons. 17. Reference was also made to the decision of this Court in M.C. Abraham Anr. Vs. State of Maharashtra Ors. [(2003) 2 SCC 649], by which several criminal appeals were disposed of on 20th December, 2002. One of the issues which was considered in the said appeals was whether the Court had the power to direct the Investigating Agency to submit a report in accordance with the view taken by the Court. While considering the provisions of Sections 156(3), 169, 173 and 190 Cr.P.C., this Court held that while investigation is in progress, the Court cannot direct the Investigating Agency to submit a report in accord with the Court's own view. In the facts and circumstances of the said case, this Court observed that it was open to the Magistrate, to whom the report is submitted by the Investigating Agency after a full and complete investigation, to either accept t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , which was a decision under the old Code, wherein it was observed that though the Code of Criminal Procedure gave to the police unfettered power to investigate all cases where they suspected that a cognizable offence had been committed, in appropriate cases an aggrieved person could always seek a remedy by invoking the power of the High Court under Article 226 of the Constitution under which, if the High Court was convinced that the power of investigation had been exercised by a police officer mala fide, the High Court could always issue a writ of Mandamus to restrain the police officer from misusing his powers. Mr. Dave submitted that this Court has uniformly held that the Courts should not normally interfere with the investigative process unless it was established that the investigating agency had remained inactive for whatever reason. 23. Mr. Dave, then, referred to the decision of this Court in Kashmeri Devi Vs. Delhi Administration Anr. [(1988) Supp. SCC 482], wherein, since a charge-sheet had already been submitted by the investigating agency, a direction had to be given to the Magistrate to exercise his powers under Section 173(8) Cr.P.C. to direct the Central Bureau o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... titions. 28. The State of Gujarat has chosen not to file any affidavit, but has supported the submissions made by Mr. Dave. 29. Responding to the decisions cited by Mr. Dave, Mr. Nariman submitted that while in the decisions cited by Mr. Dave certain special circumstances existed, in which directions had to be given by the High Court to the investigating agencies, there is nothing extraordinary as to the facts of these cases which necessitated the monitoring of the cases by the High Court. 30. Mr. Nariman submitted that the dispute in the present cases related to the allotment of houses in the Shivalik (Ambali) Cooperative Housing Society Limited and the dispute was of a purely civil nature in respect of which suits were also pending and did not require any such directions for the purpose of investigation into the complaint made. 31. The area of dispute ultimately narrows down to the question as to whether the Courts can monitor investigations in respect of offences alleged to have been committed when the investigation had already been commenced by the investigating agency. There is little doubt that normally investigation of offences is the function of the investigatin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wherein a direction had to be given to the Magistrate to exercise powers under Section 173(8) Cr.P.C. to direct the C.B.I. to make a proper and thorough investigation in an independent and objective manner and to submit an additional charge-sheet, if any, in accordance with law. 37. The Courts, and in particular the High Courts and the Supreme Court, are the sentinels of justice and have been vested with extraordinary powers of judicial review and supervision to ensure that the rights of the citizens are duly protected. The Courts have to maintain a constant vigil against the inaction of the authorities in discharging their duties and obligations in the interest of the citizens for whom they exist. This Court, as also the High Courts, have had to issue appropriate writs and directions from time to time to ensure that the authorities performed at least such duties as they were required to perform under the various statutes and orders passed by the administration. As for example, in the instant case, the High Court had to repeatedly intervene and pass orders to ensure that the investigation was being conducted diligently. Periodical status reports were required in that regard. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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