Use of Article 226 of the Constitution in case of criminal investigation

The High Court can always issue appropriate direction in exercise of its power under Article 226 of the Constitution at the behest of an aggrieved person, if the court is convinced that the power of investigation has been exercised by an Investigating Officer malafide or the matter is not investigated at all. Even in such a case, the High Court cannot direct the police as to how the investigation is to be conducted but can insist only for the observance of process as provided for in the Code of criminal Procedure. Another remedy available to such an aggrieved person may be to file a complaint under Section 200 Code of criminal Procedure. and the court concerned will proceed as provided in Chapter XV of the Code of criminal Procedure. (See: Gangadhar Janardan Mhatre v. State of Maharashtra and Ors., (2004) 7 SCC 768; and Divine Retreat Centre v. State of Kerala and Ors., AIR 2008 SC 1614).