LAWS(MAD)-1996-9-63

J JAYALALITHA Vs. SUBRAMANIAN SWAMY

Decided On September 04, 1996
J.JAYALALITHA Appellant
V/S
DR.SUBRAMANIAN SWAMY Respondents

JUDGEMENT

(1.) WITH the consent of both the counsel appearing for the respective parties, the matter is taken up for final disposal.

(2.) THE petitioner is seeking for quashing the order of the learned Principal Sessions Judge dated 21st June, 1996 directing investigation under Sec. 17 of the Prevention of Corruption Act and under Sec.202 of the Code of Criminal Procedure.

(3.) THE Privy Council in Emperor v. Khwaja Nazir Ahmad, (1945)1 M.L.J. 86: A.I.R. 1945 P.C. 18: 217 I.C. 1: 46 Crl. L.J. 413: 1945 M.W.N. 49: 1945 M.W.N. (Crl.) 9, has held that judiciary should not interfere with the police in matters which are within their province and into which the law imposed upon them the duty of an enquiry. This Court in T.Paul Durai v. Commissioner of Police, Madras, 1992 L.W. (Crl.) 178 has held that it is the exclusive prerogative of police to proceed with the investigation, gather materials and the Court need not give direction to make investigation in a particular manner. In the case State of West Bengal v. S.N. Basak, (1963)1 Crl.L.J. 341 (S.C.), the Supreme Court held that Police has statutory right to investigate into the circumstances of any alleged offence and this statutory power of the police to investigate cannot be interfered with except in appropriate case when moved to give directions if the investigation is perfunctory lackadaisical or to screen the offender or in any other manner, not in public interest.