1970 (3) TMI 159 - SC - Indian Laws

Whether the High Court had power under section 561A of the Code of Criminal Procedure to quash proceedings being taken by the police in pursuance of first information reports made to the police? Held that - Appeal dismissed. Though the Code of Criminal Procedure gives to the police unfettered power to investigate all cases where they suspect that a cognizable offence has been committed, in appropriate cases an aggrieved person can always seek a remedy by invoking the power of the High Court under Art. 226 of the Constitution under which, if the High Court could be convinced that the power of investigation has been exercised by a police officer mala fide, the High Court can always issue a writ of mandamus restraining the police officer from misusing his legal powers. The fact that the Code does not contain any other provision giving power to a Magistrate to stop investigation by the police cannot be a ground for holding that such a power must be read in section 159 of the Code.

Summary

Issues:
Interpretation of Section 159 of the Code of Criminal Procedure regarding the power of the Magistrate to stop police investigation.

Analysis:
The case involved a situation where an Additional District Magistrate was accused of instigating an attack and sought to stop the police investigation against him. The Magistrate had directed the police to halt the investigation, but the High Court quashed this order, allowing the police to continue their inquiry. The appellant challenged this decision, arguing that Section 159 should grant the Magistrate the authority to stop police investigations. The Supreme Court analyzed the relevant sections, emphasizing that the power of the police to investigate cognizable offenses is independent of the Magistrate's control. The Court held that Section 159 does not confer the broad power to halt police investigations as contended by the appellant.

The Court highlighted that Section 156 empowers the police to investigate without Magistrate's orders, except in cases where the police choose not to investigate. The Magistrate can only intervene in such instances to direct an investigation or proceed with a preliminary inquiry. The judgment referenced previous decisions by the High Courts of Lahore and Patna, which aligned with the Supreme Court's interpretation of Section 159. The Court also cited a Privy Council case emphasizing the non-interference of the judiciary in police investigations of cognizable offenses.

The appellant's argument that the narrower interpretation of Section 159 could leave individuals vulnerable to police harassment was addressed by the Court. It noted that while the police have broad investigatory powers, individuals can seek recourse through constitutional provisions if police powers are misused. The Court concluded that the Magistrate's authority under Section 159 is limited to ensuring police investigation of cognizable offenses and cannot be expanded to include the power to stop ongoing police inquiries. Consequently, the Supreme Court upheld the High Court's decision, dismissing the appeal.