Rajesh & Ors. Vs. Ramdeo & Ors.
Email(Arising out of SLP (Crl.) No. 1406 of 2000)
(Arising out of SLP (Crl.) No. 1406 of 2000)
Criminal Procedure Code, 1973
Section 173 – Criminal investigations – Power of the High Court to interfere – Police making enquiries on the basis of FIR and filing charge sheet – Complainant approaching the High Court – Court forming a panel and directing it to examine the matter – On the basis of the report of the panel, the Court directing further investigation by an agency other than the police – Whether such directions justified and proper – Charge sheet having been filed, if further materials were available, the Court can alter the charge sheet. Held, course adopted by the High Court amounted to an abuse of the process of the Court and beyond its jurisdiction. Order of the Court not to hinder the power of the investigating agency to have further investigations done.(Para 2)
1. Leave granted.
2. This appeal is directed against the impugned order of the High Court of Bombay at Nagpur Bench in criminal writ petition, direc-ting a fresh and further investigation by an agency other than the local police, though on the basis of the FIR, the local police did investigate into the matter, and in the meantime, has filed charge sheet against the accused persons. While the inves-tigation was on, the complainant approached the High Court by filing a writ petition. The High Court has taken an unusual step of forming a panel and directing them to examine the matter, and on the basis of the said panel report, the High Court has direct-ed a further investigation by an agency other than the local police to be headed by the Superintendent of Police. Since the investigation agency has already filed the charge sheet on the basis of which the accused persons are being proceeded with, if any further materials are available, the Court may alter the charge framed. In the circumstances, we have no hesitation to come to the conclusion that the High Court has overstepped its jurisdiction in issuing the impugned direction calling upon further investigation into the matter, which in our considered opinion, would be an abuse of the process of Court. We, there-fore, set aside the impugned order of the High Court dated 9.3.2000. The appeal is disposed of accordingly. Needless to mention, power of the
investigation agency to have any further investigation exercised under Section 173(8), Cr. P.C. is not being taken away by this order.
