Yasir V.P. v. Director of Vigilance and Anticorruption Bureau

  • Order

Criminal Law – Accused has no right to seek change of investigating officer.

If that be the legal position, the petitioners, who are close relatives of the accused and who are third parties, cannot be heard to say that the case shall be investigated by an officer of their choice.

Criminal Law – The cause of an affected accused cannot be agitated by next friends or close relatives unless the accused is incapacitated to take recourse to legal remedy.

Investigation – The Court cannot issue directions to the investigating officer to investigate the case from a particular angle.

It is the statutory obligation and duty of the police to investigate into the crime and the Courts normally ought not to interfere and guide the investigating agency as to in what manner the investigation has to proceed. The High Court, in exercise of its power under Article 226 of the Constitution of India, cannot direct the investigating agency to investigate the case in accordance with the views of the Court.

Investigation – When the investigation is in progress, it is not for the Court to comment on the tentative view of the investigating agency.

The investigation of an offence is the domain of the police. The power to investigate into cognizable offences by a police officer is ordinarily not impinged by any fetters. The manner and the method of conducting the investigation are left entirely to the investigating officer. As far as the steps taken by the investigating officer are legal and proper, the Court has no power to interfere with the same. The formation of the opinion, whether there is sufficient evidence or reasonable ground of suspicion to justify the forwarding of the case to the competent court or not, as contemplated by Sections 169 and 170 of the Code, is to be that of the investigating officer. The investigation under the Code, takes in several aspects and stages, ending ultimately with the formation of an opinion by the police as to whether or not, on the materials collected, a case is made out to send the accused for trial before the competent court. The submission of the final report is dependent on the nature of the opinion so formed. The formation of the said opinion, which is the final step in the investigation, is to be taken only by the investigating officer and by no other authority.

Citations : 2021 (4) KCC 61 : 2021 (4) KHC 276 : 2021 (3) KLJ 482