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The courts must not interfere in the police investigation, except in exceptional cases: SC | India News

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NEW DELHI: Holding that the two state organs, the police and the judiciary, operate in their specific spheres of activity and that one should not step on the other’s domain, the Supreme Court on Tuesday disapproved of the practice of courts interfering in police investigations issuing orders. routinely to suspend the investigation or provide protection to the accused.
A bench of judges DY Chandrachud, MR Shah and Sanjiv Khanna said that the investigation initiated by the police should not be scuttled at the initial stage and that the courts can interfere by suspending or canceling the investigation only in exceptional cases when an investigation is not established. prima facie case against defendant and the case appears to have been brought only to harass.
Contrary to the current practice followed not only by the higher courts but also by the Supreme Court when a very short order is issued to suspend the investigation without giving any reason, Judge Shah, who wrote the court’s verdict, said that it is justified. a writing on the reasons. in order to justify why such a provisional order is required to be made in order to demonstrate the application of mind by the court.
“The police have the statutory right and duty under the relevant provisions of the Code of Criminal Procedure to investigate a recognizable crime. The courts will not thwart any investigation into recognizable crimes. Only in cases where no recognizable crime is revealed or of any kind in the first informational report indicates that the court will not allow an investigation to take place. The power of annulment should be exercised with restraint and circumspection, “the court said.
He said that the extraordinary and inherent powers of the court do not confer arbitrary jurisdiction to act according to its whims or whims and that courts must be cautious when interfering in criminal investigations. The court said the courts should not discuss the merits of the allegations at the FIR when the investigation is ongoing and the police should be allowed to complete the investigation. “It would be premature to pronounce the conclusion based on nebulous facts that the complaint / FIR does not deserve to be investigated or that it amounts to abuse of the process of law,” the court said, adding that the FIR is not an encyclopedia that must disclose all the facts and details related to the crime.
“The annulment of a complaint / FIR should be an exception and not an ordinary rule. In general, the courts cannot usurp the jurisdiction of the police, since the two organs of the state operate in two specific spheres of activities and one does not must step The functions of the judiciary and the police are complementary, not overlapping. Except in exceptional cases where non-interference would lead to judicial error, the courts and the judicial process should not interfere in the investigation stage of crimes . ” He said.
“Therefore, passing such general interim warrants without assigning reasons, no arrest and / or no coercive measures would hamper the investigation and could affect the legal right / duty of the police to investigate the recognizable crime conferred under the provisions of the CrPC. Therefore, such a general order is not at all justified. The order of the higher courts must disclose the reasons why an interim order has passed during the processing of the proceeding under Section 482 of the CrPC. reasons, however brief, must reveal an application of the mind, “the court said.

Times of India

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