2017 (11) TMI 2037 - SC - Indian Laws

Validity of Supplementary Report filed Under Section 173 of Code of Criminal Procedure. dated 26.04.2007 by the Investigating Officer - It is stated in the Report itself that the charges are added at the instance of the National Commission for Scheduled Castes - HELD THAT - No detailed discussion is warranted on the well-settled proposition that no external agency can dictate the course of investigation in a criminal case. It is within the exclusive jurisdiction of the police. The Court also cannot supervise the investigation. However, in exceptional situations, Superior Courts may monitor an investigation. But that is not the same as supervision - No doubt, superior officers of police may exercise their powers Under Section 36 Code of Criminal Procedure in supervising the investigation. In the instant case, it appears that the direction was issued on the basis of a complaint filed by Respondent No. 2 before the Commission. It is not clear as to whether the Commission had conducted any inquiry before issuing direction to the Police. At any rate, it is submitted that the Appellants have not been involved in any such inquiry. Equally, it is not clear whether the second Respondent had made out a case for the intervention of the Commission under the Rules of Procedure of National Commission for Scheduled Castes. From a perusal of contents of the NCR bearing No. 96/04 dated 25.07.2004, it is clear that the ingredients Under Section 3(1)(x) have not been made out. There was not even a whisper of allegation of harassment based on caste. That is why the first chargesheet was only Under Sections 323, 504 and 506 of the Indian Penal Code. It is over two years later that the Respondent No. 2 appears to have complained to the Commission. Under Rule 7.5.2(vi), the Commission is empowered to conduct an inquiry to whether proper charge sheet has been filed mentioning the relevant Sections of Indian Penal Code together with the PCR Act, 1955 and SCs STs (POA) Act, 1989 in Court . This is not a power to dictate the course of the investigation. The Commission is competent to point out any lapses or laches in the investigation. The Commission could only have brought to notice of the Police the need for a proper or further investigation and it was for the Police to take a call. The High Court ought to have exercised its jurisdiction Under Section 482 Code of Criminal Procedure to secure the ends of justice. There is no prohibition under law for quashing a chargesheet in part. A person maybe Accused of several offences under different penal statutes, as in the instant case - A chargesheet filed at the dictate of somebody other than the police would amount abuse of the process of law and hence the High Court ought to have exercised its inherent powers Under Section 482 to the extent of the abuse. There is no requirement that the chargesheet has to be quashed as a whole and not in part. This appeal is allowed. The Supplementary Report filed by the Police, at the direction of the Commission, is quashed.

Summary

Issues:
1. Exercise of jurisdiction under Section 482 of the Code of Criminal Procedure to quash the Supplementary Report filed by the Investigating Officer.
2. Legality of adding charges under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act at the instance of the National Commission for Scheduled Castes.
3. High Court's decision on quashing charges in a piecemeal manner.
4. External interference in the investigation by an agency like the Commission.
5. Applicability of Section 482 of the Code of Criminal Procedure to secure the ends of justice and prevent abuse of process.

Analysis:

1. The Appellants sought relief under Section 482 of the Code of Criminal Procedure to quash the Supplementary Report filed by the Investigating Officer, which added charges under Section 3(1)(x) of the SC/ST (Prevention of Atrocities) Act. The High Court declined to exercise its jurisdiction, leading to the appeal before the Supreme Court.

2. The case involved the Respondent lodging an NCR against the Appellants for offenses under the Indian Penal Code. Subsequently, the National Commission for Scheduled Castes directed the addition of charges under the SC/ST Act. The Commission's direction was based on a complaint, raising questions about external interference in the investigation process.

3. The High Court's decision not to quash the charges in a piecemeal manner was challenged before the Supreme Court. The Appellants argued that the charges under the SC/ST Act were added without proper basis, leading to harassment and abuse of the legal process.

4. The Supreme Court examined the issue of external interference by the Commission in the investigation. It emphasized that while superior courts may monitor investigations in exceptional situations, external agencies cannot dictate the course of a criminal case. The Court highlighted the need for proper inquiry and adherence to legal procedures in such matters.

5. In its final judgment, the Supreme Court held that the High Court should have exercised its jurisdiction under Section 482 to secure the ends of justice. It emphasized that there is no prohibition on quashing a chargesheet in part and that intervention is warranted to prevent abuse of the legal process. The Supplementary Report filed at the Commission's direction was quashed to prevent misuse of the law.

6. The Court clarified that its decision does not prevent the police or the Court from taking necessary steps under the Code of Criminal Procedure if warranted. The judgment underscored the importance of upholding legal procedures, preventing external interference, and ensuring justice in criminal cases.