High Court Cannot Direct Filing of Charge Sheet as it Amounts to Impermissible Supervision of Investigation.

The petitioner, Sandeep Singh, filed a petition under Section 482 of the Code of Criminal Procedure (Cr.P.C.) seeking a direction from the High Court to the police authorities at Police Station Thatipur, Gwalior.

The petitioner requested the Court to direct the investigating agency to complete the investigation in Crime No. 788/2021 (registered under Sections 420 and 406 of the I.P.C.) at the earliest and to submit the charge sheet (Abhiyog Patra).

1. Whether the High Court, in exercise of its inherent powers under Section 482 of Cr.P.C., can supervise a police investigation or direct the filing of a charge sheet.

2. Whether the Investigating Officer is legally mandated to complete an investigation within a specific timeframe under Section 173 of Cr.P.C.

The Court relied on Section 173(1) of the Cr.P.C., which mandates that every investigation must be completed without "unnecessary delay".

It further applied the precedent established in D. Venkatasubramaniam v. M.K. Mohan Krishnamachari (2009) 10 SCC 488, which held that courts ought not to interfere with or guide the investigating agency, as investigation is within the exclusive domain of the police.

The Court also referenced M.C. Abraham v. State of Maharashtra (2003) 2 SCC 649, emphasizing that the power to arrest and investigate is discretionary and should not be exercised mechanically by the courts.

The High Court reasoned that it is a statutory obligation of the police to investigate crimes and that the judiciary cannot act as a supervisor of such investigations.

Directing the police to file a charge sheet would constitute an impermissible interference in the discretionary powers of the investigating officer, who must determine based on evidence whether to file a charge sheet or a closure report.

However, the Court observed that Section 173(1) of the Cr.P.C. imposes a legal duty on the officer to avoid unnecessary delays.

While the Court declined to grant the specific relief of directing a charge sheet, it emphasized that the officer is "expected" to conclude the process as early as possible to satisfy the mandate of the law.

The petition was disposed of with the observation that the Investigating Officer must conclude the investigation as early as possible and take necessary steps as required under Section 173(1) of Cr.P.C.

The petitioner was granted liberty to approach the concerned Magistrate or Superintendent of Police for any surviving grievances.