Tag: INVESTIGATION

If no action is taken by police on information given to them, the informant’s remedy lies under Sections 190, 200, Cr. P.C., not a Writ Petition

In our view, the High Court in exercise of its whatsoever jurisdiction cannot direct investigation by constituting a Special Investigation Team on the strength of anonymous petitions. The High Courts cannot be converted into Station Houses. If somebody is aggrieved by the impugned order of High Court then he is entitled to invoke the jurisdiction of Supreme  Court under Article 136 of the Constitution of India.

Power of the police to investigate has been made independent of any control by the Magistrate

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 Article 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

Amrutbhai Shambhubhai Patel Vs. Sumanbhai Kantibhai Patel & Ors.2/2/2017

the scheme of Sections 154, 157 and 173 in particular of the Cr.P.C and the pattern of consequences to follow in the two contingencies referred to herein above, this Court propounded that in case the Magistrate is not inclined to take cognizance of the offence and issue process, the informant must be given an opportunity of being heard so that he can make his submissions to persuade the Magistrate to take cognizance of the offence and issue process.