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2019 DIGILAW 785 (SC)

Paras Buildtech (I) Pvt. Ltd. v. State Of Punjab

2019-02-21

A.M.KHANWILKAR, AJAY RASTOGI

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ORDER 1. Leave granted. 2. Heard learned counsel for the parties. 3. This appeal takes exception to the judgment and order dated 30.08.2017 passed by the High Court of Punjab and Haryana at Chandigarh in CRM - M No. 21472 of 2016. 4. For the nature of order that we propose to pass, it is not necessary to dilate on the factual matrix of the case. Suffice it to observe that the High Court in exercise of powers under section 482 of the Code of Criminal Procedure directed the local police to register a fresh FIR in connection with complaint dated 21.12.2015 (Annexure P-13 to the criminal application), followed by another complaint dated 06.06.2016 (Annexure P-17 to the criminal application) and investigate the same in accordance with law. 5. The limited grievance that we need to address in this appeal is whether such a direction could have been issued by the High Court. The law is well-settled. This court in the case of All India Institute of Medical Sciences Employees Union (REGD.) Vs. Union of India and Ors. , (1996) 11 SCC 582 has expounded as follows:- "3. The Code of Criminal Procedure, 1973 (for short 'the Code') prescribes the procedure to investigate into the cognizable offences defined under the Code. In respect of cognizable offence, Chapter XII of the Code prescribes the procedure: information to the police and their powers to investigate the cognizable offence. Sub-section (1) of Section 154 envisages that: "Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf." On such information being received and reduced to writing, the officer in charge of the police station has been empowered under Section 156 to investigate into the cognizable cases. The procedure for investigation has been given under Section 157 of the Code, the details of which are not material. The procedure for investigation has been given under Section 157 of the Code, the details of which are not material. After conducting the investigation prescribed in the manner envisaged in Chapter XII, charge-sheet shall be submitted to the court having jurisdiction to take cognizance of the offence. Section 173 envisages that: "(1) Every investigation under Chapter shall be completed without unnecessary delay. (2) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government giving details therein. Upon receipt of the report, the Court under Section 190 is empowered to take cognizance of the offence. Under Section 173(8) the investigating officer has power to make further investigation into the offence." 4. When the information is laid with the police but no action in that behalf is taken, the complainant is given power under Section 190 read with Section 200 of the Code to lay the complaint before the Magistrate having jurisdiction to take cognizance of the offence and the Magistrate is required to enquire in to the complaint as provided in Chapter XV of the Code. In case the Magistrate after recording evidence finds a prima facie case, instead of issuing process to the accused, he is empowered to direct the police concerned to investigate into the offence under Chapter XII of the Code and to submit a report. If he finds that the complaint does not disclose any offence to take further action, he is empowered to dismiss the complaint under Section 203 of the Code. In case he finds that the complaint/evidence recorded prima facie discloses an offence, he is empowered to take cognizance of the offence and would issue process to the accused." 6. In our opinion, therefore, the High Court, at best, could have issued direction in conformity with this settled legal position and left it to the local police to take appropriate action as may be advised in accordance with law and including left the parties to pursue the remedies as may be permissible in law. 7. The impugned order, therefore, deserves to be modified to the above extent. 7. The impugned order, therefore, deserves to be modified to the above extent. In other words, in the event the local police fails to or decides not to take any action on the stated complaints within a reasonable time, the private respondent will be free to pursue remedy in terms of the observations made in the aforesaid reported judgment. Further, as a consequence of modifying the impugned order, the FIR already registered pursuant to the impugned order by the local police, will have no effect and cannot be proceeded further. That be treated as effaced in terms of this order. The local police, however, will have to examine the stated complaints afresh keeping in mind the settled legal position and proceed in the matter in accordance with law. 8. It will be open to both the parties to take recourse to remedies as may be permissible in law. 9. Needless to observe that the observations made by the High Court in the impugned judgment on merits of the allegations in the stated complaints, shall not influence the local police or any other proceedings before the court to be resorted to by the parties. 10. The Criminal Appeal is disposed of in above terms. 11. Pending applications, if any, stand disposed of.