Court Cannot Supervise Investigation Or Direct Police To File Chargesheet: Madhya Pradesh High Court

The Madhya Pradesh High Court has held that an Investigating Officer is obliged to complete the probe in terms of Section 173(1) of the Criminal Procedure Code and cannot be directed or supervised the same.

The Court was considering a Petition seeking direction to authorities to conduct fair investigation in matter registered for offence punishable under Sections 109, 3(5) of Bharatiya Nyaya Sanhita.

The Bench of Justice Milind Ramesh Phadke observed, "..this Court cannot supervise the investigation and give a direction to file the charge sheet would certainly amount to supervising the investigation.....The Investigating Officer cannot keep the investigation pending and he has to come to a conclusion that whether any offence is made out or not? It is obligatory on the part of the Investigating Officer to conclude the investigation, as early as possible, and to file the final report closure report or charge sheet without any delay...."

The Petitioner was represented by Advocate R.K.S. Kushwah, while the Respondent was represented by Public Prosecutor Samar Ghuraiya.

It was alleged by the Petitioner that no action has been taken by the Police in the matter. The Court referred to the Supreme Court's decision in D. Venkatasubramaniam v. M.K. Mohan Krishnamachari (2009) and ruled that it cannot supervise the investigation and give a direction to file the charge sheet would certainly amount to supervising the investigation.

The Court thus disposed of the Application in the light of the mandatory provision of Section 173(1) of the Criminal Procedure Code noting that the Investigating Officer is expected to conclude the investigation as early as possible, preferably within a period of two months from today and to take necessary steps as required under the law.

The Petition was accordingly disposed of.

Cause Title: Adesh Parihar v. The State of Madhya Pradesh (2025:MPHC-GWL:23416)

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