Courts Cannot Direct Arrests Or Filing Of Chargesheet: Madhya Pradesh HC
|The Madhya Pradesh High Court observed that it cannot supervise investigation or direct arrests or filing of chargesheet.
The Court said that the direction to arrest the accused or to file a chargesheet would amount to supervising the investigation.
The Court was hearing a Writ Petition under Article 226 of the Constitution seeking the issuance of a Writ of mandamus to start further proceedings under the criminal case and arrest the respondents.
The bench of Justice G.S. Ahluwalia observed, “…this Court cannot supervise the investigation and giving a direction to arrest the accused and file the charge sheet would certainly amount to supervising the investigation.”
Advocate Prakash Kumar Gupta appeared for the Appellant and Government Advocate Mohan Sausarkar appeared for the Respondent.
Brief Facts-
It is the case of the Petitioner that a complaint was made by the Petitioner. On the basis of the aforesaid complaint, police registered the FIR under Sections 120-B, 420, 467, 468 and 471 of IPC but the police have neither arrested the accused nor concluded the investigation so far.
The Court mentioned the decision of the Supreme Court in the case of D. Venkatasubramaniam and others vs. M.K. Mohan Krishnamachari and another reported in (2009) 10 SCC 488 and quoted, “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.”
The Court perused Section 173 CrPC and observed, “…completion of investigation without unnecessary delay is the mandate of the law. The Investigating Officer cannot keep the investigation pending and he has to come to a conclusion that whether any offence is made out or not? It is obligatory on the part of the Investigating Officer to conclude the investigation, as early as possible, and to file the final report (Closure report or charge sheet) without any delay.”
Accordingly, the Court disposed of the Petition and directed the Investigating Officer to conclude the investigation as early as possible and to take necessary steps as required under the law.
Cause Title: Jyotsana Maity v. State of M.P.