Home / Punjab / Can’t acceptable deadlines for probe completion portion ordering just investigation: HC
The Punjab and Haryana High Court has ruled that it cannot hole clip limits for completion of probe oregon usher the probe successful accordance with its ain views. Making it clear, the tribunal indispensable refrain from overstepping into the domain of investigation. Justice Harpreet Singh Brar asserted that it tin usage its inherent powers to guarantee a just and due probe, but the tribunal should not usage its power successful an unjustifiable manner.
Justice Brar warned that specified interference could unfairly power the investigating agency’s conclusions and divert the process distant from the larger purpose of delivering justice. “The precocious courts, portion exercising its inherent powers nether Section 482, CrPC, tin contented directions for punctual and due investigation. However, it would beryllium retired of bounds to instruct the probe to beryllium completed successful a definite timeframe, successful alignment with the sentiment expressed by it,” Justice Brar asserted.
The observations came arsenic Justice Brar dismissed a extortion petition filed straight earlier the High Court by a pistillate apprehending that she and her household mightiness beryllium falsely implicated successful a case. The petitioner contended that enactment was not initiated contempt a practice to elder constabulary officers connected March 5, compelling her to attack the precocious tribunal against the State of Punjab and different respondents to support her and her family’s beingness and liberty.
The State, connected the different hand, submitted that the constabulary officials were simply conducting regular checks to intercept suspects progressive successful cause trafficking and that the petitioner’s lad was nether sedate suspicion. The State argued that the officials were simply performing their duties.
After proceeding rival contentions, the Bench asserted: “The courts indispensable beryllium conscious of its power and not workout the aforesaid successful an unwarranted manner arsenic it whitethorn prejudice the decision of the investigating agency, straying further distant from achieving the overarching extremity of justice.”
Justice Brar observed that the petitioner had not satisfactorily explained wherefore she approached it straight alternatively of archetypal moving the jurisdictional Magistrate nether Section 156(3) of CrPC, which empowers the judicial serviceman to woody with specified matters.
“Even though the jurisdictional Magistrate is good equipped to woody with specified benignant of matters, counsel for the petitioner has not been capable to supply a satisfactory effect regarding approaching this tribunal directly… Accordingly, contiguous petition is dismissed being bereft of immoderate merit.”