In this post we will discuss about the powers of court under section 482 CrPc and the power of investigating agency under this section.
Can’t exercise our powers philanthropically, says HC
Procedure of investigation exclusive domain of Investigating Agency: Chandigarh High Court
Punjab and Haryana high court has made it clear that though it has wide and extensive powers under the statute, such power and authority cannot be exercised philanthropically. The court also clarified that the manner of investigation in a case is in the exclusive domain of the in- investigating agency and the court can interfere only if the agency is not carrying out its legal duties.
Facts of the case
The petitioner had sought directions to hand over investigation be exercised philanthropic mitigation of FIR No. 67 dated April 14, 2020 registered for the murder of a woman, Geeta. He had a live-in relationship with the deceased. The couple had a rented accommodation in an upscale residential al area of Ludhiana. On April 14, Geeta was found dead in the house. The petitioner was at Nanded in Maharashtra at the time. On April 16, he managed to reach Ludhiana via road and after completing legal formalities, the deceased was cremated.
According to the petitioner, the police recorded his statements but even after around five months, police failed to trace the culprits. The petitioner claimed that he was snubbed whenever he approached the police to inquire into the status of the investigation. He said he suspected the brothers of the deceased and wanted a CBI probe into the case.
“It is the bounden duty of the police to investigate any crime or complaint in respect of an alleged crime, which is brought to its notice. No doubt, this court has wide and extensive powers under Section 482 criminal procedure code (CrPC) but they cannot rely. The courts should normally refrain from interfering and guiding the investigating der sections 302 and 120-B of the IPC at Sarabha Nagar police station, Ludhiana to CBI agency as to in what manner they should proceed with the investigation, as it falls within their exclusive domain, un less it is brought to the notice of the court that the investigating agency is not carrying out its duty in accordance with law,” observed Justice Manjari Nehru Kaul of the HC.
Justice Kaul passed these orders while dismissing a petition filed by Subramanyam Krishna, 59, a native of Chintamani, Karnataka and present resident of Nanded in Maharashtra. The petitioner is a retired civil engineer from the Central government and is a consultant for various highway projects.
This post was written by Kasha Doshi.
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