The petitioner filed a writ petition seeking directions for a free and flawless investigation into a police case and for seizure of PACS records. The High Court held that courts normally do not interfere during investigation unless extraordinary circumstances exist.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ No.692 of 2011
====================================================== Shib Nandan Yadav son of late Guneshwar Yadav, PACS Adhyaksha, Shahpur Panchayat PACS, Block- Sattar Kataiya, P.S.-Saharsa Sadar, District- Saharsa. .... .... Petitioner/s Versus 1.The State Of Bihar through the Chief Secretary, Old Secretariat Bhawan, Patna. 2.The Director General of Police, Government of Bihar, Patna 3.The Deputy Inspector General of Police, Koshi Range, Saharsa 4.The Superintendent of Police, Saharsa 5.I.O., Saharsa Sadar P.S. Case No.40 of 2011 6.Sri Ram Ayodhya Ram, Sub. Inspector of Police, Sadar Police Station, Saharsa, District-Saharsa 7.Chandra Narayan Labh son of Basudeb Labh, PACS Prabandhak, Shahpur Panchayat PACS, Block-Sattar Katiya, P.S.-Saharsa, Dist.-Saharsa, resident of village-Agwanpur, P.S.-Saharsa , District- Saharsa. .... .... Respondent/s ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER
2 17-07-2012 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The Block Development Officer, Sattar Kataiya, Saharsa submitted a written report on 19.1.2011 to the Officer-inCharge, Sadar Police Station, Saharsa on the basis of which Saharsa Sadar P.S. Case No.40 of 2011dated 27.1.2011 was registered under sections 420, 406 and 201 of the Indian Penal Code and investigation was taken up. It is stated that the first information report was instituted by the Block Development Officer pursuant to a complaint made by the petitioner. The petitioner has approached this court under Articles 226 and 227 of
Patna High Court CR. WJC No.692 of 2011 (2) dt.17-07-2012
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the Constitution of India and prays that a direction be issued to the respondents to ensure free and flawless investigation of the aforesaid case. Further prayer of the petitioner is that a direction be also issued to the respondents to seize the entire records of PACS of Sattar Kataiya Block of Saharsa district.
Learned counsel for the State submits that the case is still under investigation.
It is well settled that normally the courts do not interfere when the matter is under investigation. In my view, there is no extraordinary or exceptional circumstance under which this court may interfere with the investigation of the case. It is always expected from the investigating agency that it would ensure free and flawless investigation. The principle is well settled that it is for the investigating agency to submit a report to the Magistrate concerned after full and complete investigation. The investigating agency may submit a report finding the allegations substantiated. It is open to the investigating agency to submit a report finding no material to support the allegation made in the first information report. It is for the Magistrate, before whom the report is ultimately submitted by the investigating agency, either to accept the report or to differ with the report and pass appropriate order.
At this stage, I do not think it proper to pass any order
Patna High Court CR. WJC No.692 of 2011 (2) dt.17-07-2012
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with respect to the manner in which the investigation is to be
carried out.
With these observations, the writ petition is disposed of.
(Ashwani Kumar Singh, J)
Md.S./-
2 issues framed by the court
Whether the court should interfere with an ongoing police investigation by issuing directions.
Whether the court should direct the seizure of PACS records.
2 provisions across 2 enactments
Shib Nandan Yadav
The State Of Bihar
Ashwani Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
