The Karnataka High Court has ruled that once the court accepts a complaint filed under section 200 of the Criminal Procedure Code (CrPC) and orders a specific police officer to investigate, the officer cannot refuse.
While allowing the petition filed by one Ashwini in the case of Ashwini Vs State of Karnataka (Writ petition no. 755 of 2022), a single judge bench of Honourable Justice M Naga Prasanna set aside the Police’s endorsement order dated 26.08.2021, and directed the police to investigate and file a final report in the matter as directed by the IX Additional Metropolitan Magistrate, Bengaluru, on 14.07.2021.
Case Details:
The petitioner filed a private complaint under Section 200 of the Cr.P.C. with the Additional Chief Metropolitan Magistrate in Bangalore, alleging certain allegations and seeking an investigation under Section 156(3) of the Cr.P.C. The complaint was presented in open court, and the office was instructed to file the case as a PCR, which it did.
Furthermore, the Magistrate heard the complainant’s counsel, reviewed the records, and ordered the jurisdictional police – Jnanabharathi Police Station – to conduct an investigation and submit a final report in the matter by his order dated 18.10.2021.
Following the communication of the said complaint to the jurisdictional Police, the respondent – Jnanabharathi Police Station issued an endorsement stating that Byadarahalli Police has jurisdiction and thus sought to transfer the complaint from Jnanabharathi Police Station, which was directed to investigate, to Byadarahalli Police Station.
Following that, a notice was issued to the petitioner, and the complaint was returned to the petitioner for lack of jurisdiction to investigate the offence, as the Police claimed Byadarahalli Police had jurisdiction. It was this action that was challenged in the petition at hand.
Submissions:
The petitioner’s attorney, Trivikram S, argued that the respondent-refusal Police’s to investigate the matter and file a final report as directed by the Court amounted to sitting on a court order and was thus illegal. He also stated that once the Magistrate’s order is in effect, it cannot be reversed, even by the Magistrate himself, let alone the Police returning the complaint.
The government pleader acknowledged the legal position and requested that the respondent – police – investigate the matter.
Court Findings:
“The police refusing to conduct investigation and returning the complaint would on the face of it amount to overriding the orders of the Court, which jurisdiction the police do not possess,” the bench said after going over the details on record and the arguments advanced by the counsel.
“Declining to investigate such cases cannot arise once the Court accepts the complaint and directs specific police to investigate,” it continued. The police should have conducted an investigation and issued a final report on the matter. Returning the complaint after it has been accepted and investigated, even by the police, is a violation of Section 173 of the Cr.P.C.,” the court said, after which it granted the petition.
