Can Officer Below ASI Rank Probe Cognizable Offences? Rajasthan High Court Refers Matter To Larger Bench

While disagreeing with the decision rendered by a co-ordinate bench earlier, a single judge bench of Rajasthan High Court has referred to a larger bench the issue of whether a police officer below ASI rank could investigate a cognisable offence or not.

The single judge bench of Justice Anil Kumar Upman opined that Section 157 Cr.P.C. read with Rule 6.1 of the Rajasthan Police Rules, 1961 implies that police officials below the rank of ASI, i.e., Head Constable in the current case, are not empowered to investigate a case involving cognizable offence(s).

“…. I express my disagreement with the observation made…in the case of Kera & Ors. …that investigation of a cognizable offence can be conducted by an officer below the rank of ASI and there is neither any illegality nor any irregularity committed by the Head Constables when they investigated the cases under the orders given to them by the officers in charge of their respective Police Stations under Section 157(1) of Cr.P.C”, the bench sitting at Jaipur observed before opining that the issue should be decided by a Division Bench or by a larger Bench.

After a conjoint reading of Section 157 of Cr. P.C [Procedure For Investigation] and Rule 6.1 of the Rajasthan Police Rules, 1965 [Power To Investigate], the single judge bench inferred that an officer-in-charge of a police station is empowered to investigate a cognizable offence that occurs within their jurisdictional limits. Section 157(1) allows the officer-in-charge to entrust a subordinate officer with the task of ascertaining the facts by proceeding to the spot, and taking measures for the discovery and arrest of the offender if required.

However, when a police officer below the rank of ASI is deputed by the officer-in-charge, officer in charge of the police station or ASI is required to take up the investigation and complete it at the first opportunity, the court underscored.

“….Further, the information provided by the Office of Director General of Police also reveals that the police officers of and above the rank of ASI can conduct investigation and that no general or special order has been issued by the State Government empowering Head Constables to conduct investigation of a case involving cognizable offence…”, Justice Upman added, taking note of the information gathered by the petitioner through an RTI application.

In the case at hand, Head Constable at Sanganer Sadar Police Station, Jaipur had investigated a case and filed a charge sheet for offences under Section 323, 341 and 506 IPC. The petitioners sought quashing of FIR since the entire investigation had allegedly become vitiated due to the Head Constable conducting the investigation.

Though 'any police officer' may be deputed, once it is found that a cognizable offence has been committed, the officer in charge or ASI shall conduct the investigation, the court concluded.

Therefore, the Registrar (Judicial), Rajasthan High Court was asked to place the matter before the Chief Justice to constitute an appropriate bench for answering the following question:

“Whether an officer below the rank of ASI of Police, can conduct investigation of a case involving cognizable offence(s) and if he is not empowered to conduct investigation in such cases, then what would be the consequences of the investigation conducted by such officer ?”

Case Title: Bharat Kumar v. State of Rajasthan & Anr.

For Petitioner: Mr. Samarth Sharma

For Respondents : Mr. Sanjeev Mahala, PP

Mr. Ashutosh Bhatia

Case No: S.B. Criminal Miscellaneous (Petition) No. 2109/2019

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