The Punjab and Haryana excessive courtroom has mentioned that the area of investigation and method of their conducting lie squarely throughout the jurisdiction of the investigating officer and courts can’t direct the police on how the investigation is to be carried out.
“Investigation’s unique jurisdiction is vested within the investigating officer involved and can’t both be fettered or trammelled by the courtroom via its teaching, mentoring and guiding,” the courtroom mentioned, including that the identical, nevertheless, is with a rider, it mustn’t turn into evident and the probe mustn’t counsel that it’s performed in a mala fide method or influenced with some extraneous issues.
The excessive courtroom was listening to a plea from a metropolis lady, who had bought registered a home violence case in opposition to her estranged husband and his relations in June 2020. She had approached the excessive courtroom demanding that investigating officer needs to be modified and the probe be handed over to another unbiased company. It was alleged that the respondent household is extremely related and aligned to high-profile police officers, bureaucrats and politicians and that there’s each probability of influencing the investigation.
The courtroom discovered that the probe continues to be underway. Therefore, instructions can’t be issued.
It mentioned that allegations of any purported biases and mala fides, as a consequence of respondent household hyperlinks with high-profile individuals, can’t be accepted within the absence of prima facie cogent and dependable proof. If at any stage the allegations are prima facie supported by credible proof, the treatment will probably be obtainable to the petitioner after challan is filed, it mentioned, including that even when the investigating officer recordsdata a closure report earlier than a Justice of the Peace, the lady would have a alternative of the protest petition.
As the lady had claimed threats by the hands of the respondent’s household, the excessive courtroom requested the authorities to take into accounts her illustration on this regard and take a choice on that.