High Court Does Not Have Power To Direct Investigation To Be Conducted In A Particular Manner: Supreme Court

The Supreme Court observed that a High Court does not have the power even under Articles 226 of the Constitution of India or Section 482 of Code of Criminal Procedure to direct the investigation to be conducted in a particular manner.

The bench of Justices BR Gavai and Vikram Nath observed thus while considering appeal against a direction issued by a Division Bench of Calcutta High Court order. While disposing a bail application filed by an accused allegedly involved in misappropriation of public money, the High Court had observed that 'whatever further investigation is to be carried out, must be completed by 31st October, 2022 after expiry of which the petitioner shall automatically be released on the following terms and conditions'.

"As to whether bail is to be granted is solely within the discretion of the High Court. However, directing the investigating agency to conclude the investigation by a particular date and after that date directing automatic release of the appellant, in our view would be to abdicate the function of the High Court to decide the question as to whether the applicant before it was entitled to grant of bail on merits or not.", the bench observed.

Observing thus, the bench quashed these directions and said that the accused would be entitled to file an application for bail before the High Court.

Case details

State Of West Bengal vs Sandip Biswas | 2022 LiveLaw (SC) 1024 | SLP (Crl) 10029 of 2022 | 9 December 2022 | Justices BR Gavai and Vikram Nath

For Petitioner(s) Mr. Sunil Fernandes,Adv. Mr. Ravinder Singh, Adv. Mr. Nipun Saxena, Adv. Ms. Raveesha Gupta, Adv. Ms. Mantika Haryani, Adv. Mr. Sanjeev Kaushik, Adv. Mr. Shreyas Awasthi, Adv. Mr. Archit Adlakha, Adv. Mr. Divyansh Tiwari, Adv. Ms. Saumya Saxena, Adv. Mr. Devvrat Singh, Adv. Ms. Astha Sharma, AOR

For Respondent(s) Mr. Ardhendu Mauli Prasad, Adv. Mr. Rajesh Sen, Adv. Mr. Rakesh Singh, Adv. Ms. Shibani Bhattacharjee, Adv. Mr. Vikas Jain, AOR Mr. Ashish Madan, Adv. Ms. Ananya Sahu, Adv. Ms. Trishani Sarkar, Adv. Mr. Sidharth Luthra, Sr. Adv. Mr. Rauf Rahim, AOR Mr. Jaydeep Biswas, Adv. Mr. Ali Asghar Rahim, Adv. Mr. Kaushik Ghosh, Adv. Ms. Shubhangani Jain, Adv. Mr. Sheezan Hashmi, Adv. 

Headnotes

Constitution of India, 1950 ; Articles 226 - Code of Criminal Procedure, 1973 ; Section 482 - High Court does not have the power even under Articles 226 or Section 482 CrPC to direct the investigation to be conducted in a particular manner. 

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