City Crime Branch Can Investigate Cases Registered With Local Police Stations, Their Chargesheet Qualifies As Final Report: Karnataka High Court

The Karnataka High Court has held that the City Crime Branch can investigate a case registered with the city police station and filing of charge sheet on completion of investigation by the CCB police amounts to a final report under Section 173(2) of CrPC.Justice K Natarajan thus upheld a government notification dated 25-02-2021, appointing CCB police officers and conferring on them power to exercise power of a Station House Officer of all police stations in Bangalore City.“Once the power of investigation is exercised by the Police officer as Superior of a Police station, in view of deputing the police in the CCB, they can exercise all the powers and functions of a superior investigation officer of police station and they have power to file charge sheet or final report under Section 173(2) of Cr.P.C. in view of Section 36 of Cr.P.C.” The Court added that once the CCB Police officer investigates the matter as a superior officer of the police station, he automatically becomes an officer in-charge of the police stations per the Karnataka Police Act and he can exercise the power under Section 36 of Cr.P.C"Therefore, the contention of the learned Senior Counsel that the State Government has no power to issue such notification, without seeking amendment to the Cr.P.C. on the floor of the assembly and in the manner known to law, cannot be acceptable.” The court was dealing with a petition filed by Dittu Mehta and his family members who had approached the court seeking to quash the criminal case registered by his estranged wife under sections 323, 354(A)(B), 498-A, 504, 506 and 34 of IPC and Section 4 of Dowry Prohibition Act. The respondent-police had initially registered FIR for the said offences and later, on the direction of the Commissioner of Police, the investigation was taken by the CCB police, and they filed a charge sheet. The primary contention of the petitioners was that the Commissioner of Police can not exercise the power under the Karnataka Police Act for transferring the investigation to the CCB police in respect of criminal cases registered at Basavanagudi police. Further, for the purpose of taking cognizance under Section 190 of Cr.P.C., the Magistrate can take cognizance on the police report filed under Section 173(2) of Cr.P.C. by the officer in-charge of the police station, but the CCB is not a police station. Therefore, the Government notification dated 25.02.2021 cannot be considered as an order for transferring the investigation and filing charge sheet by the CCB police. Moreover, as per Section 173 of Cr.P.C. and Sections 2(r) and 2(s) of Cr.P.C, the officer in the CCB cannot be considered as Station House Officer and his report cannot be considered as a report under Section 2(r) and Section 173(2) of Cr.P.C.The petitioners also argued that prior to filing of the complaint, a divorce petition was filed by accused No.1 against respondent No.2 - de-facto complainant and the de-facto complainant also filed a divorce petition and the evidence of the petitioner-accused No.1 was not challenged in cross examination and the de-facto complainant - respondent No.2 has stated no objection to grant decree of divorce in favour of accused No.1. Thus it was contended that the allegation made in the complaint as well as in the divorce petition by the accused clearly reveals that there was allegation made by the accused against respondent - de-facto complainant, was cruelty which was admitted by her. Thus the averments made by the de-facto complainant in the complaint for cruelty on her and the charge sheet are not sustainable.The bench referred to Apex court judgment in the case of State of Kerala v. P.B. Sourabha (2016)4 SCC 102, where it has been held that the Commissioner has power to appoint the superior officer for investigating the matter.The bench said “Here, in this case, the Commissioner of Police has referred to the CCB police officer for investigating the matter and to file a charge sheet. Therefore, the contention of the learned Senior Counsel for the petitioner that the charge sheet filed by the CCB is unsustainable under the law and the Commissioner of Police does not have power to refer the complaint for investigation to the CCB police holds no water.” The court perused the file pertaining to the issuance of impugned notification by the State Government. It was found that the CCB police was created on 03.09.1971 consisting of a record section, special squad, cycle squad and totally 2 circle inspectors, 8 sub inspectors, 20 head constables and 12 constables were deputed and the ACP was in charge of the CCB. Later, further notification was issued by the State Government on 10.02.1994 by deputing the additional officers. On 13.11.2002, further notification 56 was issued categorising the crimes and appointing the DCP and ACP and other police officers. Later, in the year 2004, an investigation officer was appointed. On 27.03.2004, the strength of the investigation officer was increased by...

City Crime Branch Can Investigate Cases Registered With Local Police Stations, Their Chargesheet Qualifies As Final Report: Karnataka High Court

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City Crime Branch Can Investigate Cases Registered With Local Police Stations, Their Chargesheet Qualifies As Final Report: Karnataka High Court

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