Case Note & Summary
The Bombay High Court dealt with two matters: a criminal appeal under Section 12 of the Maharashtra Control of Organised Crime Act, 1999 (MCOC Act) and a writ petition seeking transfer of investigation. The appellant, Jaydeep Taware (original accused no. 6), challenged an order dated 9th December 2021 passed by the Additional Sessions Judge, Pune, which rejected a report under Section 169 of the Code of Criminal Procedure, 1973 (Cr.P.C.) filed by the investigating officer and directed the officer to conduct detailed investigation and submit a charge-sheet against the appellant. The writ petitioners, the informant and the injured victim, sought transfer of investigation to an independent agency and addition of Ravindra Kale as an accused. The case arose from an FIR lodged on 1st January 2021 for an incident on 31st May 2021 where the injured victim was shot at by Akash More, allegedly at the behest of the appellant due to political and business rivalry. The investigating officer initially filed a report under Section 169 Cr.P.C. exonerating the appellant, which was rejected by the trial court on 16th August 2021, and that order was upheld by the High Court and the Supreme Court. Subsequently, a second Section 169 report was filed on 2nd December 2021, again exonerating the appellant. The trial court rejected this report and directed the investigating officer to file a charge-sheet. The appellant argued that the trial court could not direct the police to file a charge-sheet, relying on Abhinandan Jha v. Dinesh Mishra. The High Court agreed, holding that while the court can reject a Section 169 report and order further investigation, it cannot direct the police to file a charge-sheet, as that decision lies with the investigating officer. The court also noted that the appeal under Section 12 of MCOC Act was not maintainable as it only applies to orders granting or refusing bail. Consequently, the criminal appeal was allowed in part, setting aside the direction to file a charge-sheet but upholding the rejection of the Section 169 report and the direction for further investigation. The writ petition was disposed of as infructuous in light of the order.
Headnote
A) Criminal Procedure Code - Section 169 - Rejection of Police Report - Power of Magistrate - The Magistrate may reject a report under Section 169 Cr.P.C. and direct further investigation, but cannot direct the police to file a charge-sheet, as the decision to file charge-sheet rests with the investigating officer. (Paras 6-8) B) Maharashtra Control of Organised Crime Act, 1999 - Section 12 - Appeal against Order rejecting Section 169 Report - Maintainability - An appeal under Section 12 of MCOC Act lies against orders granting or refusing bail, but not against an order rejecting a Section 169 report and directing further investigation. (Para 8) C) Criminal Procedure Code - Section 169 - Further Investigation - Scope - The investigating officer retains the discretion to file a charge-sheet or not after further investigation; the court cannot compel the filing of a charge-sheet. (Para 8)
Issue of Consideration
Whether the trial court can direct the investigating officer to file a charge-sheet while rejecting a report under Section 169 of Cr.P.C.
Final Decision
Criminal Appeal allowed in part. The direction to file charge-sheet is set aside. The rejection of the Section 169 report and direction for further investigation are upheld. Writ Petition disposed of as infructuous.
