Trace Your Case

ISSUE:

Whether the High Court, in exercise of its inherent jurisdiction under Section 482 CrPC, could direct a Special Investigation Team (SIT) to take over an ongoing police investigation?

Whether an anonymous and unverified petition, lacking prima facie evidence of a cognizable offence, could be treated as a valid basis for initiating a suo motu criminal investigation?

Whether the High Court’s interference in the police investigation was justified when there was no allegation of bias against the Investigating Officer or procedural lapse in the investigation?

RULE:

The inherent power under Section 482 CrPC does not confer unlimited authority on the High Court to interfere with an ongoing police investigation. The police have exclusive jurisdiction to investigate cognizable offences, and judicial interference is warranted only in cases of abuse of power or non-compliance with statutory provisions.

Criminal law cannot be set in motion based on vague, unverified, and anonymous allegations. Courts must not direct an investigation unless prima facie material indicating a cognizable offence exists.

The judiciary and the police operate in separate spheres. The power to investigate a crime is statutorily vested in the police, and courts should not usurp this function by appointing a different investigative agency without legal justification.

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