The Madhya Pradesh High Court ruled that an Investigating Officer must conclude probe under Section 173(1) CrPC, holding that courts cannot supervise investigation or direct filing of charge sheet.
Thank you for reading this post, don't forget to subscribe!
GWALIOR: The Madhya Pradesh High Court has reiterated that an Investigating Officer (IO) is legally bound to complete an investigation in terms of Section 173(1) of the Criminal Procedure Code (CrPC) and that the judiciary cannot interfere by supervising or directing the probe.
A Single-Judge Bench of Justice Milind Ramesh Phadke delivered this observation while hearing a petition that sought a direction to the authorities for conducting a fair investigation in a case registered for offences punishable under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita (BNS).
ALSO READ: Championing Justice Over ‘Bulldozer Rule’: CJI Gavai’s Mauritius Lecture on Rule of Law
Background of the Case
The petitioner, represented by Advocate R.K.S. Kushwah, alleged that no effective action had been taken by the police despite the registration of the case. On the other hand, the State was represented by Public Prosecutor Samar Ghuraiya.
The petitioner requested the High Court to issue directions to the police authorities to ensure a fair and time-bound investigation.
ALSO READ: Mumbai Court Quashes Summons Against Cricketer Robin Uthappa in 2019 Cheque Bounce Case
Court’s Observations
Justice Phadke noted that the role of the Court in such matters is limited, emphasizing that:
“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 Court relied upon the Supreme Court’s ruling in D. Venkatasubramaniam v. M.K. Mohan Krishnamachari (2009), which categorically held that courts cannot interfere in the domain of investigation by directing how and when it should be completed.
Section 173(1) CrPC
Section 173(1) of the CrPC makes it mandatory for the Investigating Officer to complete the probe without unnecessary delay. The provision ensures the timely filing of the final report, be it a closure report or a charge sheet, thereby preventing indefinite pendency of investigations.
The Court observed that the investigating agency must conclude its process “as early as possible” and, in this case, directed that it should preferably be done within two months.
Decision:
While disposing of the petition, the High Court clarified that it cannot step into the shoes of the investigating agency. However, it reminded the IO of his statutory duty to bring the investigation to a conclusion at the earliest, in line with Section 173(1) CrPC.
Appearance:
For the petitioner: Learned Counsel Shri R.K.S. Kushwah
For the respondent/State: Learned PP Shri Samar Ghuraiya
Case Title:
ADESH PARIHAR Versus THE STATE OF MADHYA PRADESH
MISC. CRIMINAL CASE No. 33184 of 2025
Read Order:
