Courts Cannot Supervise Police Investigations Or Order Arrests: Madhya Pradesh High Court

The Madhya Pradesh High Court has dismissed a petition seeking its intervention in the investigation of a criminal case.

Justice GS Ahluwalia emphasized that courts cannot supervise police investigations or direct the arrest of accused persons, adding that such matters fall within the exclusive domain of the investigating authorities.

The case stemmed from a writ petition filed by Jyotsna Maity, who alleged that the police had not taken adequate action on her complaint. The FIR registered against the accused included charges of criminal conspiracy, cheating, and forgery. However, the police had neither arrested the accused nor concluded the investigation, she said and requested the court to call for police case diary/entire record and direct the agency to proceed further with the probe.

Justice Ahluwalia, in his judgment, cited the landmark Supreme Court case of D. Venkatasubramaniam v. M.K. Mohan Krishnamachari which established that courts cannot interfere with the police's discretion in conducting investigations, including decisions on arrests and charge sheets.

“Court cannot supervise the investigation and giving a direction to arrest the accused and file the charge sheet would certainly amount to supervising the investigation”.

The court highlighted that Section 41 of the Code of Criminal Procedure (CrPC) empowers police officers to make arrests without a warrant under specific circumstances. The decision to arrest, the court explained, depends on the nature of the offense, the evidence collected, and the discretion of the investigating officer.

Justice Ahluwalia emphasized that courts can only intervene in exceptional situations where there is evidence of a deliberate attempt to obstruct justice or misuse of power by the police.

However, the court did acknowledge the petitioner's right to a speedy investigation. It directed the police to conclude the investigation as expeditiously as possible under Section 173(1) of the CrPC, which mandates completion of investigation without unnecessary delay. The court further clarified that the petitioner could approach the Superintendent of Police if she felt the investigation was not being conducted fairly.

“Completion of investigation without unnecessary delay is the mandate of the law. The Investigating Officer cannot keep the investigation pending and he has to come to a conclusion that whether any offence is made out or not? It is obligatory on the part of the Investigating Officer to conclude the investigation, as early as possible, and to file the final report (Closure report or charge sheet) without any delay.”

Case title: Smt. Jyotsna Maity Versus The State Of Madhya Pradesh And Others

Citation: W.P. No.20165/2024

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