PANCHOO LAL SHARMA Vs. STATE

JUDGEMENT

(1.) NOTICE was given to P.P. and the learned Counsel for the parties were heard.

(2.) THE petitioner had been working as Head Constable in the police Force Rajasthan in the year of 1995. It appears that he had been entrusted with the investigation of a case during which he allegedly demanded bribe from one of the party to that case the matter Was reported to the Anti Corruption Department and First Information Report being No. 68/95, was registered against the petitioner. After investigation of the case the police submitted final report. The Special Judge did not accept such report. Instead, he was of the opinion that offence punishable under Section 120B IPC appeals to have been committed by the petitioner, Durga Lal and Gopal. He, therefore, directed that the papers be. put before sanctioning authority. It was further observed by him that the opinion of the sanctioning authority be communicated to him.

(3.) IT is settled view that the functions of the Court start when the functions of the police end. Role of police and that of the court are supplementary to each other and not overlapping. Whereas in the provision contained in Chapter XII Cr. P.C. the Magistrate has been conferred upon certain powers to issue orders regarding grant of remand, etc. in the course of the investigation, he can not effectively guide or control or direct the Investigating Agency to act in a particular way. Therefore, he can not direct the police to put up a chargesheet in a particular case before him because on a submission of a negative report if any,, before him, he himself is competent to take cognizance on the basis of such negative report. He may simply require clarification for further collection of evidence by the Investigating Agency on certain specified points relevant to the offence alleged to have been committed in a case.