Case Note & Summary
The petitioner, Mrs. Rabia A. Khan, a British citizen, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court seeking a direction to the respondents, including the State of Maharashtra and the Senior Inspector of Police, Juhu Police Station, to forward her complaint to the Central Bureau of Investigation (CBI) for investigation. The petitioner alleged that the police had failed to take action on her complaint regarding certain offences. The court examined the provisions of Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC), which deals with the power of the police to investigate cognizable offences. The court held that Section 156(3) CrPC does not impose a mandatory duty on the police to forward a complaint to the CBI. The police have discretion to investigate the matter themselves or refer it to the Magistrate. The court further held that a writ of mandamus cannot be issued to direct the police to forward the complaint to the CBI as there is no statutory duty to do so. The court also noted that the police had already registered an FIR and were investigating the matter, and the petitioner's grievance about police inaction was not substantiated. The court dismissed the petition, holding that the petitioner had not made out a case for interference under Article 226. The court also disposed of the intervention application filed by Mr. Sooraj Aditya Pancholi, who sought to intervene in the matter.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India - The petitioner sought a writ to direct the police to forward her complaint to the CBI for investigation. The court held that a writ of mandamus cannot be issued to compel the police to forward a complaint to the CBI as there is no statutory duty to do so. The police have discretion under Section 156(3) CrPC to investigate or not, and the court cannot direct the mode of investigation. (Paras 1-10) B) Criminal Procedure - Investigation - Section 156(3) of the Code of Criminal Procedure, 1973 - The court held that Section 156(3) CrPC does not impose a mandatory duty on the police to forward a complaint to the CBI. The police may investigate themselves or refer the matter to the Magistrate. The court cannot interfere with the police's discretion in the absence of mala fides or abuse of power. (Paras 11-20) C) Criminal Procedure - Further Investigation - Section 173(8) of the Code of Criminal Procedure, 1973 - The court noted that the police have the power to conduct further investigation under Section 173(8) CrPC even after filing a charge sheet. However, the petitioner's grievance about police inaction was not substantiated as the police had already registered an FIR and were investigating. (Paras 21-30)
Issue of Consideration
Whether a writ of mandamus can be issued to direct the police to forward a complaint to the CBI for investigation under Section 156(3) CrPC, and whether the police have a mandatory duty to do so.
Final Decision
The Bombay High Court dismissed the Criminal Writ Petition No.669 of 2016, holding that there is no mandatory duty on the police to forward a complaint to the CBI under Section 156(3) CrPC, and a writ of mandamus cannot be issued to compel such action. The court also disposed of Criminal Application No.459 of 2016 for intervention.
Law Points
- Article 226 of the Constitution of India
- Section 156(3) of the Code of Criminal Procedure
- 1973
- Section 173(8) of the Code of Criminal Procedure
- Writ of Mandamus
- CBI investigation
- Police investigation
- Cognizable offence
- FIR registration
