APPUKUTTY MOOTHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Second respondent lodged a complaint before the Deputy Superintendent of Police. He forwarded it to the Sub Inspector of Police, Town North, Palghat for investigation. Sub Inspector in his turn transferred to his counterpart, Town South for investigation because the offence was committed within his territorial jurisdiction. Sub Inspector, Town South, Palghat filed the report before court. On the basis of that report and after preliminary hearing, learned Magistrate framed charge for offence under S.420 IPC against the petitioner. Petitioner seeks to quash the charge on the ground that there was no investigation of the complaint by any of the police officers. Sub Inspector, Town South, Palghat after verifying whether the complainant had written the complaint, laid the charge before court without investigating into the correctness or otherwise of the allegations made in the complaint. Since the Sub Inspector did not investigate, it is alleged, the proceedings before the court below has to be quashed.

(2.) S.2(h) of the Code of Criminal Procedure defines investigation as one including all proceedings for the collection of evidence conducted by a police officer. It does not enumerate the various steps to be undertaken by the police officer in the course of investigation. If the complaint gives all the details regarding the evidence leading to the commission of the offence, the police officer may not be required to take any further step towards investigation. The evidence collected by him from the complaint will constitute the evidence collected in the course of investigation. On the basis of that evidence if he files the charge before court, that charge will not be open to attack on the ground that the police officer did not conduct any investigation. If the police officer has not collected sufficient material it will only go to the benefit of the accused. The court is not to go behind the charge filed before court to examine the various steps taken by the police officer in the course of investigation. If the charge laid by the police makes out an offence, the Magistrate has to proceed with the same in accordance with law.

(3.) In the instant case police officer filed a charge before court. Learned Magistrate entertained the same and after preliminary hearing, framed charge against the petitioner for offence under S.420 IPC. When such a charge is framed by the learned Magistrate on his satisfaction about the existence of a prima facie case, this court is not to quash the same in exercise of the power under S.482 of the Code.