Decision of Apex Court in Sakiri Vasu's case 'does not empower magistrates to intervene or usurp into the process of investigation, or to direct the police to conduct the investigation in a particular manner'; only a very limited power of monitoring the investigation within limits prescribed is permissible, holds the High Court of Kerala

The High Court of Kerala speaking through Justice P. Ubaid has opined that the decision of the Apex Court in Sakiri Vasuv. State of Uttar Pradesh¹ does not empower Judicial Magistrate to intervene or usurp into the process of investigation, or to direct the police to conduct the investigation in a particular manner, or to direct that investigation shall be taken over by such and such persons, and that it only permits a very limited power of monitoring the investigation, within the limits prescribed by the Hon'ble Supreme Court in the said decision. 

The High Court of Kerala was considering a petition² filed under Section 482 of the Code of Criminal Procedure, 1973 by Hemanth @ Honey, the 13^th accused in crime No.634/13 of the Balaramapuram Police Station, Thiruvananthapuram, registered under Sections 143, 147, 148, 324 and 307 r/w 149 of IPC and Section 27 of the Arms Act. 

Initially the petitioner was not arraigned as accused in the crime. When the police proceeded against him, and submitted a report in court arraigning him as 13^th accused in the crime, he filed Annexure III petition for a direction handing over investigation in the said crime to an officer of high repute and integrity, not below the rank of Superintendent of Police, to ensure fair and proper investigation, which petition is still pending before the learned Judicial First Class Magistrate III, Neyyattinkara. 

The petitioner filed the present petition seeking orders from the High Court for a direction to the learned Magistrate for expeditious consideration, and disposed of the said application filed by him. The petitioner sought such  an order in view of the directions of the Hon'ble Supreme Court in Sakiri Vasu v. State of Uttar Pradesh (supra). 

The Court observed that in an identical proceeding³ the High Court of Kerala has explained the scope of such directions, as to the extent to which judicial First Class Magistrate can act in exercise of the powers of supervision over investigation. In Crl. M.C. 5290/14, by order dated 19.9.2014, this court directed the trial court in such a situation, to take necessary steps on the application for such a relief, within the limits possible and within the directions made by the Hon'ble Supreme Court. In that case filed by the same petitioner, though in respect of a different crime, he had sought for a direction to the learned Magistrate to take decision on the application filed by him before the learned Magistrate as CMP No. 5590/2014, for a direction to hand over the investigation in the said crime to an officer of high repute and integrity, not below the rank of Superintendent of Police. In that case which was also decided by Justice P. Ubaid, the High Court of Kerala had held that the said decision of the Supreme Court does not empower magistrates to intervene or usurp into the process of investigation, or to direct the police to conduct the investigation in a particular manner, or to direct that investigation shall be conducted by any particular officer of any particular rank or seniority. Justice P. Ubaid in that case had held: “What is possible is only the very limited power monitoring the investigation, that too within the limits prescribed by the Supreme Court. The Magistrate will have to act within the limits prescribed by the Supreme Court in Sakiri Vasu's case (cited supra). A direction as sought by the petitioner cannot in fact be made by the learned Magistrate. If so, this Court cannot direct the learned Magistrate under Section 482 Cr.P.C. to give such a direction or to pass such an order.”

Considering the present petition, Justice P. Ubaid said that the decision of the Hon'ble Supreme Court does not empower Judicial Magistrate to intervene or usurp into the process of investigation, or to direct the police to conduct the investigation in a particular manner, or to direct that investigation shall be taken over by such and such persons. “What is possible is only the very limited power of monitoring the investigation, within the limits prescribed by the Hon'ble Supreme Court’, held Justice P. Ubaid. 

The Court added that a proper decision will have to be taken by the learned Magistrate on the application brought by the petitioner, within the limits prescribed by the Supreme Court. “Whatever orders possible in view of the decision of the Supreme Court will have to be passed by the learned Magistrate without any delay, when the petitioner has a genuine grievance that he was arraigned as accused by the police without any basis”, said the Court.

Accordingly, the petition filed by the petitioner was closed by the Kerala High Court with direction to the court below, that "orders within the limits possible under the law in view of the decision of the Supreme Court in Sakiri Vasu v. State of Uttar Pradesh (supra), shall be expeditiously passed on the petition brought by the petitioner".

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1. 2008 (2) SCC 409

2. Hemanth @ Honey v. State of Kerala  - Crl.MC.No. 6965 of 2014, decided on 20.12.2014

3. Hemanth @ Honey v. State of Kerala  - Crl.MC.No. 5290 of 2014, decided on 19.09.2014