High Court prohibits instruction to probe officers against arresting accused

Saurabh Malik

Tribune News Service

Chandigarh, March 4

In a significant judgment that will change the way the police carry out probes, the Punjab and Haryana High Court has asked the Punjab Director-General of Police and the Director, Bureau of Investigation, to ensure putting in place a “foolproof system” for ordering subsequent/further investigation. The High Court also prohibited issuance of instruction to the investigating officers (IOs) against arresting the accused during investigations.

Justice Arvind Singh Sangwan ruled that a report on the status of investigation from the Senior Superintendent of Police/Commissioner of Police of the district concerned was a must before transferring investigation or ordering further probe, on a complaint/FIR, at the instance of either the complainant or the accused. Directions were also issued for passing a reasoned order by a senior police officer in case subsequent or further investigation was to be ordered.

Justice Sangwan also ruled that senior police officers could not issue instructions to the investigating officers against arresting an accused. “A very strange practice is noticed in a number of cases that under the garb of an inquiry after the registration of an FIR, the investigating officers are directed by senior police officers not to arrest a suspect, despite his anticipatory bail being dismissed by the court of law… No such instructions can be issued and investigating officers cannot be directed not to arrest an accused on this pretext,” he said.

Justice Sangwan also ruled that initial or subsequent inquiries could not be ordered after the registration of the FIR. The investigation can only be transferred. An inquiry could be conducted only in case of pre-registration of an FIR in view of the judgment in the case of “Lalita Kumari versus the State of UP and others”.

Justice Sangwan asserted that it was a well-settled law as held by the Supreme Court in a number of cases that the power for further investigation was with a magistrate under the provisions of the CrPC. For re-investigation or its transfer, a party could approach the High Court.

He asserted: “It is worth noticing that there is no provision in the CrPC to order an inquiry/second inquiry after the registration of FIR as only investigation/further investigation or re-investigation can be done. An inquiry can be done only in case of pre-registration of FIR as per direction of Court under Section 156, CrPC, or under Section 154, CrPC.”

Fixing the matter for the first week of May, Justice Sangwan directed the filing of a fresh affidavit by the DGP/Director, Bureau of Investigation, on compliance of instructions.