Karnataka High Court
N Ashok Kumar vs Cbi/Acb on 16 December, 2010
Author: Subhash B.Adi
Bench: Subhash B.Adi
IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE: 16?" DAY ore' DECEMBER 20 BEFORE C C THE HONBLE3 MRJUSTICE; sUBHAsi1.1I3..}>;::)V1' 5f: 4. C CRIMINAL PETITION NOQ2525/':2G1o'_' " BETWEEN: N .Ashok Kumar S / o late S.Nai:arajan, 56 years No.1, Priyadarshini Nagar V Sithalapakkam » _ is _ M Chennai M 600 073. V i PETITIONER [By Sri.S.G.BhagaxIa3i, 'Adv.i_ :: AND: C C C V CBI/ACB """ 36, Be11ary;Road ' Bangalore £560 032 _ By the Polieeilnspector. _ 4' V .. RESPONDENT (By Sri.C;H.JadiiewV,A' Adv. **$**>!=*=k .,C11i_&11"1iriaiVPetition is fiied under Section 482 Cr.P.C. pra.y1".r1g'--f.o qtiash the proceedings in so far as he is concerned in 'Vthe order di,V.~3Q/:12/2009 1'11 Sp1.C.C.No.46/2008 passed by the XXXII Aé3dI.";_City Civil and S.J. and Spl. Judge for CBI Cases, .. 'Bengalorefi' _ ~~ petition having been heard and reserved for judgment on 89.2010 and coming on for Pronounoenleut, of Judgment this V. the Court made the following: ORDER
Petitioner has sought, for quashing of the order dated 30"' December 2009 in Special C.C.No.46/2008 passed by t'11ce"'31~'"
Addi. & Sessions Judge, Bangalore City, insofar as is concerned.
2. Petitioner is accused No.2 in been charge sheeted for an offence p1i4i"l_l'SLl'i..EiiZ)1(3 tinder Sec.lci'on"~ 120-13 read with Sections 201, 4os,;"'~1.2o, .463 4"7,i''''5'1-''iPc, '' further read with Section i3---- s1ib~se(:'tieiVTr_:1"bihfead yyiih Section 13 subsection (1) clause [(1) and [d}'oi'ifli1'e:' of Corruption Act (in short reI"erred_;io._as
3. Thecéise is that, accused Nos.1 and 6 being the of the State Bank of Mysore, Nangii B.ifar1c'h, Koia1*.d_is_irict during the period between 20""
AJ:in»e:'«Ii--.9_V88V: i;o',i2G1i} June 2002, they entered into criminal cor1sp.ir'a.cy 'g}a'cc1.ised Nos.2 to 5 and 7 to 15 to n'1isappropri'é1:te"i.he subsidy amount. by making use of the forged V' 'doc,ume1j1t to cheat Karnataka Khadi and Village Industries V Boarci é?1'r1'd also to screen the evidence. It is in this regard, the T '::1e;m--i-31 Bureau of invesiigaiiioli [in short i'efe1*1'ed to as 'the C:E3.1.'] was zlutlfiorised to irlvesiigme the n1a.i.ter as regard to the 1 J misz?ippropriation oi" large amount".
The 08.1. on making preliminary enquiry, registered the complaint and after conducting investigation subinitted charge sheet. allC.gl11:g~.4li1§-it the accused have comrnitted an offence punis_1";able"--fluiideijl~- Section 120-8 read with Sections 201, l20'a.iiEl::%l7ll'*.o£'{PCP further read with Section 13 sLib--section {2}iire§-1d sub-section (1) clause (c) and (d} -oi' the7.Act Acchtigseécigg petitioner herein and accused aIi"'ap_plicatiig)n under Sections 227 and 239 of i;{iteral'ia.Vs€:€§king discharge.
4. Accused Nos.2 andfi. .conVten:;l_et:t.Vthpatvfthe Inspector of Police, C.B.l. is €in':cl1,e$ge"oi'th'e Police Station, as such, he 'can_n0tVii}.e._the"charge sheet. As per the Central Bureau of lnxzegstiigation"iCriri'1elSit/Ianual--2OO5 [for short referred to as the 'CBI tlie Superintendent of Police, C.B.l. is Officer and is the only competent. Officer to sign thel' chai9geVA'i'-sl'ieet and forward the same. The said it appliciationV_i.vesAs:'i'esisted by the State Public Prosecutor interalia " 'S.-Tif'pcomeiiciingv.that, suiiicierit. material was collected against; the it file the charge sheet. Superiiiterident oi" Police is not the Station HOLESC' Officer to file the charge sheet. the inspector of Police is the ctmipeteiii o;E'i'icer and has filed the éwz Mei' c.1s3.1.
charge sheet, which has been forwarded by the Superintendent of Police as required under Section 1'73 subsection (2) of Cr.P.C.
5. Trial. Court on the 'oasis of the contentiorr-sllpi';rai_sed framed the following points for consideration:
"1. Whether the A1 and A6 establish sheet f tied at the instant. case is_ir1;co_r1t'raoentto.r1 A' provisions LL/S 168, 169. 170'<an{_i_li'7'3 'c',]f"CI'.P'.C.!A"~£L§7.V such the charge sheet require to bepbre-tamed j,/or proper presentation after r:_u"n'ng the de_f'e_c:t'.7'._v 1
2. What order?"
6. Trial Court on appreciation contentions and the materials collectedby referring to the decisions of helerthat the charge sheet has been endorsed by/'the Police and is forwarded to the jurisdictionalltiagistrate.t.,._lTl'1erefore, held that the presentation
- V. p_ of th'e.,charg,e sheet. is___p.i'eoper. Further held that there is no need for".,retnrning°<jthe Charge sheet for proper presentation, atreordinglfr..it,A';rejeeted the application. It is against the said 'V order, petition has been filed.
it Sri. S.G. Bhagawan, learned Counsel appearing for the petitioner submitted that, in terms of the provisions Manual, the Superintendent of Police is the S (stag.
{W in understanding the nieaning of the word "forward", it means, to t.1'a11sii. CE11'1'y or process of communication. It ought to have considered the difference between the pr,oce_ss._qof investigation and the nieaning of t.he word "t'ongtrfard'--5,,'_* investigation and final report is prepared by~--th:ev._lIis'pector' l of Police, the Superintendent of [Po1icepts.asp such, the submission of the charge sheet is not,v'valiVd'and'.is violating Section 173(2) of Cr.P.C. word""~forWardf';does not mean only process of co,rhin_uni_clatVioI't..:,._ "is preparation and forwarding of report. In his reg'ard,f.,he:re]--i«ed _tl-1e provisions of Sections 154, 1553, 165, ass, 1.s*f,.i,'~1.ss}ind 169 of Cr.P.C. and submitted provisions, it is the officer in"
charge, whois4.ernpowleifedto-..invest.igat;e the matter. He also submitted that)» thoupghfcertafiii investigation could be done ot},.{e"r~ officer, howeve1°, result of such investigation by
---has to be reported to the officer in-
. of the Chapter XII of C1*.P.C. requires that the offioerla,in§.ch.ai'ge shall investigate the matter, in the ifvit investigated by his subordinates, such report shall forvvarded to the officer in~charge and in terms of Section. éx "~«lV7.3,"eve'ry investigation made under the said Chapter, the officer v_§;:L. e.
in--charge of the Police Staf:ion shall forward to the Magistrate empowered to take cogriizaiiice oi' the offence on the basis"-.oolf..1he Police report in a form prescribed by the State_.Ctojvcrrimeiz-1_t..' Without preparing the final report, the SL1p€'I'iI.'1lIffI}tl:§1lbt'V'O:l' 'Poii__ce"= only forwarding it. will not amount": to o'i7"ethar:ge sheet.
8. To support his co11tent<j_o.nl;"Lvhe-._reiied"en decision reported in AIR 1955 SC of H.N.Risf1bud and another -vs-- State where an investigation is officer, such subordinate of the investigation to the officer Poiice Station and if. upon.
completion Jappears to the officer ir1--charge of the Pfoivice Stat»ion"1that there is no sufficient; evidence or 'vjreasonvabie he may decide to release the suspected accused, iif..iI':...vcus'tody, on his execution a bond, however, if it t '"appears._to }:1int}that there is suI'ficient': evidence or reasonable " 'ground to place the accused on trial, he may take necessary 'steps'tasrconteniplated under Section £70 of Cr.P.C. In either "case, on the completion of the investigatioti. he has to submit. a .1f€:ifL)O1"t4 to the ivfagistrate under Section 173 of Cr.P.C. Relying on the said decision, he submitted that, the officer in--charge of the Police Station has a responsibility of preparing the report based on the material collected during the course of investigat.ionl:_.l77iT'lie final opinion on the basis of the investigation is of the~.ol{fic_eirl.;'i.n"-- charge of the Police Station and not by any otherpoffieier;
9. He also relied on the decisioripreportecll'in:
1087 in the matter of M.C.Mehtae'~~1gs~ of Incdta: others and submitted that, under the CBllxiV¢[_ai1uai, theplsiiperintendent of Police is the Officer in:~c4harge_'tofV_the_P'olice and the final step in the investigation, of the opinion asvto whetl"-ieV1=.._o'I*Vlnot__the_re is a case to place the accused on trial has to, of theypinlcharge of the police station and this fun-cti'on eanri-otlbel delegated. Though Section 36 of Cr.P.C. '._coVnfers"po{t?er the superior officer t.o supervise. but the report of only by the officer in charge of the police S station-_..__ AA y10...Rctlying on the provisions of Sections 3 and 5 of the S "'I§eE.hi.Sp.ecie1l Police Establishment Act. 1946 (for short referred iowasl 'the Delhi Police Act'). the Central Government is conferred llA"'...wit.h the power to issue notiiicatzion in the Official Gazette to 10 officer, but the {trial report. must": be by the oflicer in-charge. In this case, the final report is not prepared by the _o.tfi_'i'e,er.._i;1-- charge, as such, the presentation of such i*epo_r§t tine Court cannot be regarded as the tiling of c:harg;§e,~V-sheet.'-wand the"
learned Judge does not get the jurisdictioii. to} take .eogni':éance:; oi"
the offence. He also SL1bII1i[i€Cl* that, tit'/helii the,re'd' legeillgrille. valid final report. no charge cotild' be l'r'anieci': against the accused, and when there _"rnaV_t'e'ri%tl.,iVi'i~..the eye of law, the learned Judge should have dischargetl
11. Special Prosecutor on the other handllsltiizrriiittedxfthat;no case of investigation of an offencevvbyllthel 1irivdei--- provisions of Delhi Police Act, it has to be ii1'«..covni"or._i11Ai'tyl the provisions of the Code of " 1"}-(,".1!€V(E!l"i to understand as to whether the V.inV6$t'ié;'at:iO.1#'Cqfi1'@u'Cted in this case is proper or not, he referred .p to Act and submitted that the jurisdictioii pt-if .to'Vi.:inVVyestigate the mater is entire Union territory in offence notified under Section 3 of the said Act. subject to certain restrictionsi It is in consonaiice with provisioris of the said Act, for the purpose of the convenience 'étnd proper implen1e1'1t.at.ion of the scheme of the Delhi Police Act, in respect of anti--corruptioi1 cases, the C.B.i. has organized the divisions into zones such as Regional and Branches/Units. correspondingly the jurisdiction is confirmed, in respectioi' Karnataka, Superintendent of Police/ACB, tin'-S charge of the Branch for Karnataka and its is Bangalore, jurisdiction is entire Statelhof _I:A{4arjn"2t_ta:l4<,Aa;._.:
purpose of administration of the _functioAn'1'n.g o.f_e9ar,:h. unit or branch. the Superintendent of Poiiciepyvrouid be 'supervising the administration. Clause 7.9'~,of ll/Ia._nual 'describes the duties/responsibilities of the Senior;Superintendent of Police/ Superintendent of.Po1ic'_e, the b€rancli.io'rl would be under the chargejofhla of P"c§1'ieé' for the purpose of work, administration', ._ Welfar'e"i«of' ,_Si.;aff and discipline. However, Clause 7.16 refe.rs*toV theslnlspllectors and Sub»inspectors. The :.i~i"cinctio.ii}?.Inspectors ..... and Sub--lnspect'ors posted at the l'3VT3a'i'lCl"l'CSr/'vi_:S.'lt.O make enquiries and investigations and to gather.i'riiorrnati:on.ul They will enquire into or investigate the 'cases. allotted to them. It is also their duty to look their cases in Courts during trial or during the disciplinary I which are initiated on the recommendations of CB1. from these provisions it is clear that, investigation is concerned, it can be conducted by the crrmcreriied Inspector of Police or Sub--I:1speCt.or of Police to whom the case is entrusted. Chapter--}{ of the CBI Manual deals with the regular cases and Clause £0.28 refers t.o the filing of the report. Relying clauses, he submitted that. in case of an offence:punis.lj1*-Bible'» under the provisions of the Act. on receipt of--'the""sanction as contemplated under Section 19 of the figctf Officer will prepare a selfwcontained'«slraft charge sheetti the V details of investigation conducted and _evidence'/charges against each accused person in respect of €;n'.'C'.l;1""fZ).l"._J[.l"1f§.Elll€gatlOI'1S. The said draft charge sheet shalAls..bVe_ 'vettedbjf"th§:l\'/tsaw Officer of the Branch and the l_Si.1vt;erfntendlentl'oi"iiglice and also by the BIG in irnportantiiffcasefsandpefewouldlffthereafter be finalized and signed by the and forwarded to the Court by the Superintendent of l?oAli--eef'u'fnder Section 173 of Cr.P.C. along :_~"wit.l1 ..... .01' listed witnesses and original relied upon and the sanction for p1~o:s,e§t;:iof1.f.' to this clause. he submitted that, the in,__4inyestigatiofn.:. forwarding of the charge sheet are two 'stages. The investigating Officer is required to prepare charge sheet with details of the investigation and the '' collected. The said draft charge sheet: shall be vetted by Law Officer of the Branch and the Branch SP and also by the DIG in important. cases. It is thereafter finalized. signed by the Investigating Officer and .forwarded by the Superintendent of Police. In this case also. based on the investigatiozi Varir_.il"t_he result of the same was Verified by the Superintend__e;fit"'off and is finalized and signed by the InVest.igating_Officer has been rightly forwarded by the Supe1'inte1i_de1ithief': Section 173 of Cr.P.C. and submitted th's.t.,ll'thei'episL illegalityllfl in the submission of the charge __
12. To support his contentio-niiie'relied onvvthejdecision reported in 2009 AIR sew'-:e§o.ii:t__if.fi§; of Nirmal Singh Kahlon --usl4"Stat.eh.:gf and submitted that, the term "inves.tig;--1tio.n'*'a'nd"'feolIi*ic_ei* in charge of Police Station" is defined under._Sectio'n. and clause {0} of Cr.P.C. The officer in, --c--ha1'gelloE,Va'PoIice' Station includes. when the officer in police s'tati'on is absent from the station house or i'i_nab:l'e» to p€fl01Ti'fiv_hiS duties, the police officer at the station hoiIi3e;'-lwho'vis rank and not below the rank of Constable mwouldi thVe.oi"lficer in charge of the Police Si:ai,ion. The word °'-«.p_.'jo'ftice1' in charge of a Police Station" is inclusive one and has an l'c7_§g;3.eii'isixre meaning. The Apex Court referring to Section 36 of observed that. the words "in rank" should be given a as K;
purposive construction. Although a plain reading of the said provision shows three ingredients, i.e.. the investigation ;n7u_s't.be carried out by an Officer in charge, which would by an Officer superior in rank in respect, of a which they are appointed, but in the context of povver_'of vis-Cvvis the provisions of the Delyhi_Police= Act. tlieysanie deserves a wider application. If the meaninlg"oiilli.he of the investigation and supervision superior officer or if the investigation the officer in charge could be;do:ne:"by:=t11e any other officer subordinate tel officer can conduct investigatitonllanld':vfs_ubti§iit l?"ac't'Vtliat, Clause 10.28 of the CBI Manual report and a report to be signed by the"Investigating"Clfficer, the same has been done in this it is 'foi'wa.r.ded by the officer in charge of the Police .lSAtatilo"n.. ppdvustibecanse the officer in charge of the Police Station l1as"fo'.i*virarde.l<ij;3 ifldoes not mean that, he has not applied his ' 'mind V l investigation. There is no illegality in the if liir1ves'ti-gation nor in the submission of the report and it will not Wc;au'.se any injustice or prejudice to the accused, as the accused not alleging that the investigation is not properly done. What is alleged is that the officer in charge has not prepared the final report'. and has only forwarded the same. Fact that the investigation is supervised. draft report su'ornitt.ed to the officer in charge and ihereafter the final report is prepared"eaiii--d"'-is signed by the investigating Officer, fulfill the reqe_ir'e:m'e;ri{' ~ provisions of Section 173(2) of He that, Section 173 sub-section {2} of the officer iricharge of the Po1iee":St~aiion"shai} V£o:%,§eee1,..1::hVe_.¥finai report and it is done strictly iii__?'coni}3\1iance«--iiiriih fiihe said requirement.
13. In the light of thevV_a15oyed..siiiomissiorisQthe points that arise for ir1i~SV:case'ar'e as under:
1. I/Wfiedifier "done by the Inspector of 11éoi:ee"{ce:) V "tHe~--...eh'arge sheet forwarded by the of Police {CB1} is proper . qffinal report/charge sheet" before the j11ri'sdici:ionaE court?
Whether the order of the trial. court calls for interference?
I' I6
14. The C.B.I. has been established in exercise of power by the Central. Government under the provisions of the-.._4»D.el.l1i Special Poiice Establishment Act. it is not in ciisfitilte' offences alleged against the accused are i1ot'iiji.et'i»olie1i'e.e 'itI1(l€f". Section 3 of the said Act. It is also lznotoirr D. has got jurisdiction to register a' QO111pllE"ii_I1f; ii1ves'tigs.te arid filelv charge sh.eet. In furtherance _objec1'-sItiriderligthe Delhi Police Act, Delhi Sp€Ci;i'j:l4'~..,,A_f30lf'&f.(l3l'l:' estahlisheci by resolution dated 15* April Home Affairs.
Government of the of a crime.
which were "Delhi Special Police Establishnierit under the Defence of India Act of hoarding; blackmarketirlg and profiteering in essential coniinodities, several economic 'I'l"iejL1risd'iction of the C.l3.i. extends to entire 'l'U_iA1l():IV'1V'"L€VFAril,vDi'}f:{~.eti1£Tl in case of the investigation of any offence V witzlliinithelll the consent of the concerned State Governrnei1til..¢V. Accordiiigly. in connection with Anti--Corruption. 'l'1a_z\'/€lVl3€€I1 fornied. Karnataka is in South zone. I-Each a Regional or a Branch office of the C.B.i. headed by ti.he"oi"fice1*s specified in the C.l:3.i. i\/ianual. For Karnataka, D.I.G. is the head of the unit or a l1)'i"c'1l1('3l.1. Iflatrh such divisions are called either branch or unit'. it is also not in dispute that the alleged crime had taken place in the State of Karnataka. Clause 7.9 of the CB1 Manual states that. the Senior Supei'inte.nder;tof Police would be incharge of the branch or ll responsible for its work. aclmi11i.st1'atior.1:aiidttveifareloilthe vstaff'.». However, Clause 7.16 of the said Mamial :c_onlfers'-power.' inspector and Sub--Inspector to make' enquiries a.ndv-Vin'v.es'tig-altion "
and to gather information respect:'o.f_ cases .all'ot.tAed_.:to them. Clause 10.28 refers to filing 'under Section 173 of Cr.P.C. it is usefulto referto :th§~.SaiC1l pl1foV""lsion, which reads as under:
1O.25"Af?:er1j:'on1ple'tio'n.of investigation, the FRAI shall be prepared 'by thel. "T.he.Lfaw Officer will give his recontrne'ndation~.V"--l_t'hrottgh _ the FRJI. The Superintendent =.Qf~ _'Pol"tee ' ' ' tuould, thereafter, either pass final». ord.ers-_ir1'._respect of the cases within his competence or ' obtiain orders from the Competent , Authority by sending his recommendations to the DIG pcon.cern'edI A,After receipt of orders of the Competent ' Arttthoriiy,'<{f"'it__ is decided to prosecute the accused, n_ece:;.sa.ry" sanction for prosecution under Section I9 '«of--rhe P.C1';..A'etL 1988 and Section 197 Cr.P.C. as the case Illtléy ifany required, may be obtained by the Branch SP by sending a SPs Report and the relevant . records E10 the Competent Authority. On receipt of the , " sia.nct:'ion, the Investigating Qflicer will prepare a self» _ rcontfairted draft' chare--sheet giving details of invlestigatiion conducted and evidence/charges against' each accused person in respect of each allegationts}. The said draft charge sheet shall be vetted by the Law Officer of the Branch and the Branch. SP and also by the DIG in imporI.ant cases V"
and would. tzhereaftier, beftnattzed and signed by the I.O.. and forwarded t.o the Court" by the SP under Section 173 Cr.P.C. atong wi.th the statements of listed witnesses and original relied-uvgtaon documents/arii.cles and t.he sanction for prosecu't'ion.""--_ In cases where the sanction for prosecutionfisnot" " ;_. required, the LO. wilt Ptoceed with the prepa-rattor1Voj7"'t the draft charge--sheet after receipt of the _or.d_ei=sfrom_ the Competent Authority arza'»~~ will .'t'ake'*fot'her_f_ , necessary actions as mentioned in t}1.tsvMar*2'i.z'al_ 'and f the instructions issuedfrom t'ime'"t'o
15. Reading of the said provifsion indicates jthalt, 'after the V investigation and after sreceipt.""'ofnt_:'thet._.sanctio'11 from t.he sanctioning authority for puertprjsefiiolfprasecution of an accused for the offe:nc.e punishable: u.n_d_e1"ti?re'V provisions of the Prevention of Cnrruipti-on th.'e"«lV_Investigating Officer will prepare a:;self--con'tain_edridraft*t:ha.15ge sheet giving the detaiis of the investigation evidence/charge against each accused; person in respect' of each of the allegations. The said fldt¥at*:. sheet: shall be vetted by the Law Officer of the Bi'-afich Superintendent of Police and also by the it "DIG and would, thereafter, be finalized and * jv»-v'signedpby th_e'I11\restigating Officer and forwarded to the Court by if Stipennterldent of Police under Section 173 of Cr.P.C. of this provision indicates that, the Investigating Officer will prepare the ctraft. charge sheet and it will be verified by the :
U:
a%\3%;*'7 I') Law Officer and the Superintendent of Police, in important. cases by t.he DIG and thereafter. it will be signed by the lnves_t.igating Officer and forwarded by the Superi.nt.enclent Superintendent of Police. no doubt. is the officer i_1*tel1a1Arge.e:'ol' Police Station. however. t.he iiixrestigation is _eoiid'uct;ed* the Investigating Officer. Both CBI i\/Ianual as'_;"w.e¥ll the" of the Code of Criminal P1-ocediulre.__does'-not shall investigate t.he crime. Evenl:i'nl:cas»e of 'off¢:ncevvVt1nder the Indian Penal Code, there in_vest.igation the crime by the officer not being Police Station.
However, in teriiléllffitflhprovisio_i'isVvSeetion 188, he shall report thee"relsal.t7:v§o:f to the officer in charge of the Policev:VStat:i_on. that. t.he investigation could be done not by the in charge of the Station, but also _officers_§jstibordinateflto the said officer. In this case. the of Police is the officer in charge of the Police "in'vestigat:ion is done by the Inspector of Police " attacrtedltov unit or Police Station and he is subordinate _44ofI:icex* to officer in charge of Police Station. The definition of 'i'oi"fice1*"i1i charge of a police station" under Section 2 clause (0) of includes the officer in charge of the police station, in his .._4a'bs--er1ce, the subordinate officer not below the rank of 20 Constablei The investigation coiiciucted by the Inspector is also in consonance with the provisions of Section 17 of the Act, as in case of any irwestigation conducted by Delhi Police officer of the rank of Inspector of Police can im3=est:ilga1.t;e----i offence punishable under the Act. a_tzt'horiiy""t~o':vinv=eVst.igate the crime under the Prevention of C{oi*i*upti;ir)n~ Inspector.
16. The question is as to it Shlefit OI" 'Lhf:
final report is required to b'y.lL'ith:e'Qfticer in charge or by the Investigating ._OfficerVv-or_thellehia_rg%e'v_slh:ee"t'lpre'pared by the Investigating furnishing of the charge sl'teet__ Officer would meet the requirernentofl of Cr.P.C.'?
'Reading' itllattse 10.28 of the CB} Manual requires "Kathe 'inyestigati.nzg-..Officer to prepare a draft: charge sheet, giving det.ails.__of tilde~.i._nvefstigat.ion co.nduct.ecl and evidence collected by it him of the accused. which would be vetted or it the Law Officer of the Branch and the Branch 4l_'S:fiuperintendeI1t of Police. in important it is D.l.G. .:"4Th.e.:feai'ter. it is finalized and signed by the Investigating Officer A and forwzirdeci by the Siiperiritendent. of Police.
18. What appears from the provisions of Clause iO.28 is that. after the draft charge sheet. is preparedol.r»othe Superintendent of Police. who is in charge of the Po1~i~c-ed would examine and on his examination. the" _fir1'al 'report if is _ prepared by the Investigating Officer.
the Superintendent of Police, _i.e., in-. c'onso11aIi1':_ce"v'Jithy the', provisions of Section 173 sub--sectiori{»L2] of
19. In this case. the'-.clh.arge ?.:sh.e'etlp'vth'oi.igh signed by the investigating Officer; as required l0.28 of the CB1 Manual, it is of Police. It is not the case of Siiperintendent of Police has not 6Xafl?l'lI1€_d-A if report and materials collected during t,helcoi;1i*seloiiT tl'ie'iny'est'igation. The forwarding of charge V sheet officer charge of the Police Station is not empty ljauyse of the CB1 Manual requires the officer \}té;.~;.ry and approve the final report. it is only ' thereafter;the}=i'i'na1 report is signed by the Investigating Officer. had'vcondtict,ed the investigation and same is forwarded by if Officer in charge of the Police Station. No doubt. it is true power to prepare final report vests with the officer in «llcharge of the Police Station and it cannot be delegated. By mere signing of charge sheet by the Investigating Officer itself may not vitiate the filing of the charge sheet. as the provisions.Vo-f'_:lC.Bl Manual require the approval of the charge sheet. by _ charge of the Police Station, such approval of means thai. the officer in--~charge has the }say thle*vraaltte--r.l and accordingly, only after the approval the officer.i.n_--leha;1*§e. the final report is signed by the lnves'tigating
20. In this context, the follow.in§fibtwo.Vllpoii:ts~ required to be considered:
{1} Who_Vshalall:"iii'£§e'stig§a'te:'tii.e (2) Who report/charge sheet?
21. Secti'o_r_'1ll2[h} ofllthe (lode of Criminal Procedure defines the word §j'ii1Vestigatio~nf'v which means, . '(I11 "investigation" includes all the proceedings under _ "this ltca:1e;.for_rh;> collection of evidence conducted by a " .p'o__iice"' or by any person {other than (1 Magistrat'el_u)ho is authorised by a Mclgistrate in this bé'haL}'7.f ' 'Definit,i;o_n ovfV'""investigation" does not refer that the investigation sllf1.Q1,fld"'Del Conducted only by the officer in charge of the Police ll lSt.2it,'ior1. Chapter XII of the Cr.P.C. deals with receiving information by the Police and power to inves'tig_.g'at.e. Section 154 deais with receiving of the inforniation of a cognizable offence. However, the provisions of Section 154 S1lb~S6Cl.iCJ"Y1"{.,3}____O£ Code empowers the investzigaiion either by l3{1f3..()ffl.L";!.3i'l chargeu of the Police Station or he may direct"
made by the Police Officer tsubordinate tot:.l%1irh'. S' investigation is done by the ofiicer»us'ttbordiiiiate" the officer in charge of the Police Stat'.io'n_at. subordinate officer as stipulated u11derlSelctioi1ll'lf requires to report the final of the officer in charge of the Police V"til1é"'l.f:g1*oVisions of Sections 157, 161, lof._ltii'e;Code clearly demonstrate that, of cognizabie offence could be made either theeofficler irrlcharge of the Police Station or any " '~ot.her.':olffice:r as protfideri < V _ VI«n.:c"ase, the offence alleged against the accused is one ,punis_liabl_Cll. under the provisions of the Prevention of
7.«._l'Corrupti'on':.Act read with provisions of Indian Penal Code. «_ "Sectio.ri_. 17 of the Act. specifies the authorized person to ll"flinxiestigate the matter. In respect of the officer under Delhi ll:=Spec:ial Police ESlE1b1i.Sl1111€Illl Act. clause (a) of the said Section empowers the investigation of the offeiices under the Act by the Inspector of Police. It is in consonance with the same. even the provisions of Chapter VII of the Manual dealing functions of investigating branches/units specifies theu'dutie;+;: ' and responsibilities of Senior Superint(:nde_nt "'or'.';Vpo1':c_e, or I Superintendent of Police under Clause.' theu responsible for the functioning of theiunit or a branchL,_'"However, v I' Clause 7.16 referring to the powers:uof_th.e Inspectors Sub- Inspectors empowers the VliisipectorsgpandStptbeplnspectors of the Branches or the Units to iriv-eshtigatepand the information in respect of the_Vcase1s'c'ialIottedi to them. "ItVi's"in consonance with the same, "of"th&e- CBI"'Ma'nual refers to the filing of charge she"e_t;, that the Investigating Officer, who investigatesdthe 'rn_a1A:i_e'r',«.._shall prepare a draft charge sheet v_.-and to ttie..._S_uperi11tendent of Police and the Law V'0_Vfficer" _fVor--,_t,he'.._p'uifpose of examination of the same. It is t.hereafI"er th'ef«'V.';'A3.ut;:.erir1tendent of Police would forward the final report. reading of the provisions of Section 17 of the Act "tlie,_nprocedure contcrnpiated under Chapter XII of Cr.P.C. IFIIIICIII'~IffI€'":pI'OViSiOIlS of CB1 Manual makes it abundantly clear it is not necessary that the investigation should be done yhuoiily by the officer in charge of the Police Station, but it could 26 Police Station" are inclusive and have expansive meaning and it requires a liberal interpretation.
24. Insofar as the question, who should V. present the final report is concerned, under the Code', once"
report of the result. of the investigatio'n"is« subordinate to the officer in charge ofa'tvhe~-_lI5olice' SA.'LE11fiL§1'1x, officer in charge oi the Police Stat»ioti"'~L1pon.oifthe report, if he finds that there is-'*'*no_:'-sufficieiit'evidence or reasonable ground of suspicionhtol' of the accused to a Magistrate, he rel.ease the accused in the custody as t.1_nd.e'r:f.';3ecVtion 169 of the Code. Similarly, it in charge of the Police Station thattilere is or reasonable ground to proceed' against the accused, the officer in Charge of the Police forward accused under custody to the n1agistrat.e e:rn..po:xfe.rVe~d to take cognizance. Further reading of Ex'"V'Section--~,__l73>sub--section (2) of the Code contemplates that, ~ ij['ctfieer in charge of Police Station shall forward the Police report it toxthe Magistratze empowered to take cognizance of the offence. .ssp¢1icé2 report" is defined under Section 2 clause [r} of the Code. .which reads as under:
whether or not there is a case to place the accused on trial is to be that of the officer in charge of the po£ice..___ station. There is no provision permitting detegatrion thereof but only a provision entitling superior Q[fiC'éi"S_ to supervise or participate under Section 551." ' 1' 1' From the observation of the Apex COL1JTJE.';*'i1._1€E1'_ii'€S V'n'o.d:Vdot1b''t.Vas_ 1' regard to formation of an opinion as to iarhetjhei' or'~no't_.. utherewisd' case to place the accused on tria1V»{tesi.s with the oi'iicAer._'in..charge' --. V 1' of the Police Station. The Apex Coiir__tuiin__t1<1e rnattervof A/f.C.Mehta (supra) while dealing with theirinvestigaiiidonjconducted under the provisions of the by the with both the questions as regard ddinmcharge of the Police Station rifeport and the power of investigation byr than the officer in charge of the Police Station! »It is refer to para~26 of the said V j udgrr:ei;it," which reads': as tinder:
_ :"26;~,_Learned. counsel further submitted that, 1 the '1.VO;t'wo'r5cs under the entire CB1 hierarchy: that .._th,e duiortcs under his supervisory officer of DIG rank din") teirrns of the CB1 {Crime} Manuat--2005 itiereinaftier referred to as the "Manuat") But this entirde, administrative structure of the CB1 has to function according to the provisions of the Cr.P.C in .. it 'tithe matter of investigation. in the matter offiting the *,_c_harge sheet/final report under Section 173(2) and the superior officers of CB1 cannot substitute the opinion of the SP. if that opinion states that a case on th.e material gathered Cturtng the invest.igati.0n has been made out. Similarly if the SF. opines on the basis of the material collected that no case is made V' 29 out, such an opinion cannot be substituted by the higher merarchy of the officers in CB}. In this connection, it is pointed out that, in the present the FIR registered is for offences under Section 12OBv._ read with Sections 420, 467. 468, 471, IPC as cizso'-."f,_ und.er Section.l3{2) read with Section 13(i)(d) o'f"t.he~ = » was urged that. there are no separate provisions in the Delhi Spec.ial...__Poli.'ce ._ Establishment Act, 1946 or the PL'; Act 3988 "as" to the manner or the steps to be _tjal§:e'n "i_n=._the' investigation of such oflences and, i.herejore;-- thougyh, "
P.C.Act,1988. It the investigation is conducted by the C.bV'--}',A . the provisions under Chapter XII the" (Zn PC; would» equally apply to such investigation. Learned Counsel submitted that the position of.thev.ent;ire hierarchy} of CBI in the matter of f_li'ng of police. flreport by the SP. and formation of the op:ni--on-- t}'1e"SjP.. on the basis of the evidence collected during the .--inves~tigfatton is to be seen in the context."y oj"A._fatr 1 and. impartial investigation.' isflOffleervi'n~chCU?ge_fof the police station. LearnetiV_counsel,i-tgheref-ore, submitted that in a Supreme Court rnonitoif'ed"inv.esttgation the SP. has to file_h_is "r.rgpoi=t: ,bejo,,r'eine~- Suprefme Court only and not bejorertthe entire hierarchy_ of CB1 whose only role is to':_supervisel*invest'ig_ation, - This hierarchy of CBI, according. to the "l'eam,ed,counsel, cannot make the SP. to 'change"'--his.opin--ion. They cannot substitute the opinion of 'the. S.~~P. with their own opinion. Learned cou'n.s_elfurther contend that in a Supreme Co'u.rt...mo.nitored"investigation even where the report V' the :S.P."~.ts a closure report and the Director. CBI V. and 'At:toritey---.General agree with the opinion of the . 'st:ill_it istflte duty of the CBI to place the entire 'Arnaterialrbefore the Supreme Court and it is for the Court__"t;o examine and be satisfied that the authorities have reasonably come to such conclusion."
.l_I7roli;1l observation of the Apex Court at paraw26, it is clear
--«l_thai"lthe Superintendent of Police is the oiticer in charge of the S Police Station and he shall monitor the investigation and file his 3% signed by the Investigating Officer. However. same would be forwarded by the Stiperintendent of Police in consonance..___wii:h the provisions of Section 173 oi' the Code.
26. The contention of the petitioner is that, it has not been prepared by the Superini-.e'n'dent said power cannot be delegated to the final report or the final opinionVTi's.V_of ,ofl"iceI'-',_inr.;ch'arge of ° S the Police Station. However, reacting-oi'~».provisions Clause 10.28 of the (3131 Manual an'd'llliforvi'arrlif...1§V'of the charge sheet in this case by the Supeiririten-dentlof VP'ol:i.ce Vconsonance with the provisions of itwdoes not create any doubt as regard toSpreparingloVi'__final report is concerned. The lnvestigatinglflfiicer only a draft charge sheet and it is finalized ;by the VO"1rfiCV"V6VI.;. in" charge of the Police Station. The 'finlaligievdl iisgsigned by the investigating Officer. it does not mean '«.S'th'at'~,:4:"'--«the.T'-cificer in charge of the Police Station S4,,ieguperimendentfvoi Police in this case] has not formed his final onconsideratioii of the report and the material. Fact it the :C'lE1LlS("} 10.28 suggests that. the Superintendent of Police ':shall__lexaniine the draft charge sheet containing the evidence. A"'-det.ails of investigation, charges alleged against the accused and 34 In the circumstances. the Criminal Petition fails and same is dismissed.
KNM/--