52 Judicial interference in police investigation

The scope of interference at the stage of investigation is no more res integra as it has been considered by the Hon'ble Supreme Court time and again. In Emperor Vs. Khwaja Nazir Ahmad, AIR 1945 PC 18, the Privy Council made the following observations:-

"........So it is of the utmost importance that the judiciary should not interfere with the police in matters which are within their province and into which the law imposes upon them the duty of enquiry..........it would be an unfortunate result if it should be held possible to interfere with those statutory rights by an exercise of the inherent jurisdiction of the Court. The functions of the judiciary and the police are complimentary not overlapping and the combination of individual liberty with a due observance of law and order is only to be obtained by leaving each to exercise its own function,.........the Court's functions begin when a charge is preferred before it and not until then...." (Emphasis added).
Similarly, in Abhinandan Jha & Ors. Vs. Dinesh Mishra, AIR 1968 SC 117, the Hon'ble Apex Court considered the same provision of Cr.P.C. and held that the field of investigation of any cognizable offence is exclusively within the domain of the investigating agency over which the Courts cannot have control and have no power to stifle or impinge upon the proceedings in the investigation so long as the investigation proceeds in compliance with the provisions relating to investigation.

In State of Bihar & Anr. Vs. J.A.C. Saldanna & Ors., AIR 1980 SC 326, the Hon'ble Apex Court while dealing with the powers of investigation of a police officer under Cr.P.C. observed that:

"There is a clear-cut and well demarcated sphere of activity in the field of crime detection and crime punishment. Investigation of an offence is the field exclusively for the Executive through the police department, superintendence over which vests in the State Government. Once it investigates and finds an offence having been committed, it is its duty to collect evidence for the purpose of proving the offence. Once that is completed and the Investigating Officer submits report to the Court requesting the Court to take cognizance of the offence under Section 190 of the Code, its duty comes to an end."

Thus, in view of the above, it is evident that generally investigation falls within the exclusive domain of the Executive and scope of judicial review is very limited in exceptional cases.