TMI Blog2009 (9) TMI 1035X X X X Extracts X X X X X X X X Extracts X X X X ..... lice into a cognizable offence? HELD THAT:- It is the statutory obligation and duty of the police to investigate into the crime and the Courts normally ought not to interfere and guide the investigating agency as to in what manner the investigation has to proceed. In M.C. Abraham Anr. V. State of Maharashtra Ors.[ 2002 (12) TMI 650 - SUPREME COURT] , this Court observed: ''Since the power is discretionary, a police officer is not always bound to arrest an accused even if the allegation against him is of having committed a cognizable offence. Since an arrest is in the nature of an encroachment on the liberty of the subject and does affect the reputation and status of the citizen, the power has to be cautiously exercised. It depends inter alia upon the nature of the offence alleged and the type of persons who are accused of having committed the cognizable offence. Obviously, the power has to be exercised with caution and circumspection. The High Court, without recording any reason whatsoever, directed the police that it is obligatory on their part to record statements from witnesses, arrest, seizure of property and filing of charge sheet. It is difficult to d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts may have their own effect of influencing the course of events and process of law. For that reason, no uncalled for observations are to be made while disposing of the matters and that too without hearing the persons likely to be affected. The case on hand is itself a classic illustration as to how such observations could result in drastic and consequences of far reaching in nature. We wish to say no more. For the aforesaid reasons, we find it difficult to sustain the impugned judgment of the High Court. Leave granted. The appeals are accordingly allowed and the impugned order is set aside. - R.V. Raveendran And B. Sudershan Reddy, JJ. For the Appellant : S. Mahendran For the Respondent : S. Thananjayan And K. V. Mohan JUDGMENT A short question that arises for our consideration in these appeals is whether it is open to the High Court in exercise of its jurisdiction under Section 482 of the Code of Criminal Procedure to interfere with the statutory power of investigation by police into a cognizable offence? If such a power is available with the Court, what are the parameters for its interference? 2. It is well settled and this Court time and again, reit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Criminal Procedure Code, and that no inherent power had survived the passing of that Act. (emphasis supplied) 4. In State of West Bengal V. S. N. Basak[(1963) 2 SCR 52] , a Division Bench of three Judges of this Court, while referring to the observations of the Privy Council referred to hereinabove, observed: With this interpretation, which has been put on the statutory duties and powers of the police and of the powers of the Court, we are in accord. and it was further held: The powers of investigation into cognizable offences are contained in Chapter XIV of the Code. Section 154 which is in that Chapter deals with information in cognizable offences and Section 156 with investigation into such offences and under these sections the police has the statutory right to investigate into the circumstances of any alleged cognizable offence ...and this statutory power of the police to investigate cannot be interfered with by the exercise of power under Section 439 or under the inherent power of the court under Section 561A of Criminal Procedure Code . This Court, having found that the High Court had exceeded its jurisdiction in interfering with the investigation, int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the precedents, held that when a cognizable offence is reported to the police, they may after investigation take action under Section 169 or Section 170 of the Code. If the officer-in-charge of the police station forms an opinion that there is no sufficient evidence against the accused, the officer-in- charge may, under Section 169 of the Code, release the accused from custody or, if the officer forms an opinion that there is sufficient evidence, he may, under Section 170 of the Code, forward the accused to a competent Magistrate. After analyzing the earlier judgments, this Court observed: ...that there is a clear-cut and well-demarcated sphere of activities in the field of crime detection and crime punishment. Investigation of an offence is the field reserved for the executive through the police department, the superintendence over which vests in the State Government. The executive is charged with a duty to keep vigilance over law and order situation. It is obliged to prevent crime. If an offence is committed allegedly, it is the State's duty to investigate into the offence and bring the offender to book. Once it investigates through the police department and finds an of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on amount in terms of the MOU. 9. Thereafter, IVR entered into two MOUs with the owners of the land and M/s Altirven Steels Limited for purchase of 330 acres and 200 acres of land respectively. This is the same land which the first respondent had undertaken to facilitate the sale in favour of IVR. It is stated that pursuant to the said MOUs, IVR has completed purchase of 346 acres of land by paying a total sale consideration of ₹ 121.35 crores. 10. On 12th January, 2007, the respondent herein lodged first information with the Sub Inspector of Police, Central Crime Branch, Tamilnadu against the appellants alleging commission of offences under Sections 406 and 420 of the Indian Penal Code (IPC) and the same was registered on 26th February, 2007 in FIR No. 93 of 2007. It is not necessary for the purpose of disposal of these appeals to notice the details of allegations leveled in the said First Information Report as we propose not to make any comment or observation which may hamper further pending proceedings. The police, having registered the case against the appellants had commenced its investigation. Even while the investigation was in progress, for some inexplicable rea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a case was registered and `commenced the investigation'. It is also stated in categorical terms that the police had inquired all the connected witnesses, recorded their statements and also collected the material documents and confirmed commission of cognizable offences by all the accused . The High Court, within a period of one month from the date of filing of the petition, finally disposed of the same observing that it is obligatory on the part of the respondent police to conduct investigation in accordance with law, including recording of statements from witnesses, arrest, seizure of property, perusal of various documents, filing of charge sheet. It is also needless to state that if any account is available with the accused persons, or any amount is in their possession and any account is maintained in Nationalised Bank, it is obligatory on the part of the respondent police to take all necessary steps to safeguard the interest of the aggrieved persons in this case. The Court accordingly directed the police to expedite and complete the investigation within six months from the date of receipt of a copy of the order. The said order of the High Court is impugned in these appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The police offered explanation stating that the matter was settled voluntarily between the parties and therefore, the accused were not arrested and remanded to custody. It is difficult to buy this idea that there was a settlement between the parties in the police station. It is not difficult to discern as to how and under what circumstances the appellants may have agreed to pay the amounts and also issued a cheque. It is not known as to how and under what authority the police could intervene and settle any disputes between the parties. It is needless to observe that the police have no such authority or duty of settling disputes. 16. It is the statutory obligation and duty of the police to investigate into the crime and the Courts normally ought not to interfere and guide the investigating agency as to in what manner the investigation has to proceed. In M.C. Abraham Anr. V. State of Maharashtra Ors.[(2003) 2 SCC 649] , this Court observed: Section 41 of the Code of Criminal Procedure provides for arrest by a police officer without an order from a Magistrate and without a warrant. The section gives discretion to the police officer who may, without an order from a Magistrate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh Court to issue a direction that the case should not only be investigated but a charge sheet must be submitted, held: In our view the High Court exceeded its jurisdiction in making this direction which deserves to be set aside. While it is open to the High Court, in appropriate cases, to give directions for prompt investigation etc. the High Court cannot direct the investigating agency to submit a report that is in accord with its views as that would amount to unwarranted interference with the investigation of the case by inhibiting the exercise of statutory power by the investigating agency. (emphasis is of ours) 19. It is worthwhile to notice that the directions in the said case were issued by the High Court of Bombay in writ petition filed in public interest in which a grievance has been made that though the Provident Fund Commissioner has lodged a complaint against several Directors, the investigation has made no progress on account of the fact that the Directors were Government servants and enjoying considerable influence. The High Court issued series of directions which were challenged in this Court contending that the High Court was in error in exercising ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rcise of its jurisdiction under Section 482 of the Code. The High Court interfered with the investigation of crime which is within the exclusive domain of the police by virtually directing the police to investigate the case from a particular angle and take certain steps which the police depending upon the evidence collected and host of other circumstances may or may not have attempted to take any such steps in its discretion. It is not necessary that every investigation should result in arrest, seizure of the property and ultimately in filing of the charge sheet. The police, in exercise of its statutory power coupled with duty, upon investigation of a case, may find that a case is made out requiring it to file charge sheet or may find that no case as such is made out. It needs no reiteration that the jurisdiction under Section 482 of the Code conferred on the High Court has to be exercised sparingly, carefully and with caution only where such exercise is justified by the test laid down in the provision itself. 22. Yet another aspect of the matter, the appellants have not been impleaded as party respondents in the criminal petition in which the whole of the allegations are levell ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hatsoever why and for what reasons, the matter required its interference. The High Court is not expected to make any casual observations without having any regard to the possible consequences that may ensue from such observations. Observations coming from the higher Courts may have their own effect of influencing the course of events and process of law. For that reason, no uncalled for observations are to be made while disposing of the matters and that too without hearing the persons likely to be affected. The case on hand is itself a classic illustration as to how such observations could result in drastic and consequences of far reaching in nature. We wish to say no more. 25. Learned counsel for the respondent placed reliance on the decision of this Court in D.K. Basu V. State of West Bengal [(1997) 1 SCC 416] in support of his submission that the police is entitled to arrest and seize property in exercise of their power under the Code. We fail to appreciate the relevancy of that decision to decide the case on hand. We are equally unable to appreciate the relevancy of the decisions in Inder Mohan Goswami Anr. V. State of Uttaranchal Ors . [(2007) 12 SCC 1 ] and Centra ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
