Investigating Officer Can't Keep Probe Pending But Court Can't Give Direction To File Chargesheet: MP High Court

In a petition seeking directions to the police to file a charge sheet in an attempt to murder case, the Madhya Pradesh High Court underscored that while Investigating Officer cannot keep the investigation pending, however the court cannot direct filing of chargesheet as it amounts to supervising the probe. Justice Milind Ramesh Phadke referred to Supreme Court's decision in D. Venkatasubramaniam v. M.K. Mohan Krishnamachari (2009) and said, "Thus, this Court cannot supervise the investigation and give a direction to file the charge sheet would certainly amount to supervising the investigation".It further said:"The Investigating Officer cannot keep the investigation pending and he has to come to a conclusion that whether any offence is made out or not? It is obligatory on the part of the Investigating Officer to conclude the investigation, as early as possible, and to file the final report closure report or charge sheet without any delay. Thus, this application is disposed of in the light of the mandatory provision of Section 173(1) of Cr.P.C. and the Investigating Officer is expected to conclude the investigation as early as possible preferably within a period of two months from today and to take necessary steps as required under the law". The FIR was registered under Sections 109(attempt to murder) , 3(5) of BNS, but the petitioner claimed that no action has been taken by the police. The court however said, "So far as the prayer made by the petitioner for issuing a direction to the police in respect of filing of charge-sheet is concerned, the same cannot be granted".It relied upon D. Venkatasubramaniam case wherein the Apex court had held that power under Section 482 Cr.P.C. can be exercised only in respect of a matter which is pending before an inferior criminal court subordinate to the High Court. Emphasizing that completion of the investigation without unnecessary delay is the mandate of the law, the bench said: "In case of any grievance, the petitioner is free to make an application to the concerned Magistrate/concerned Superintendent of Police, under the provisions of CrPC which shall be looked into in accordance with law". The case was thus disposed of. Case Title: Adesh Parihar v State of MP (MCRC-33184-2025)Citation: 2025 LiveLaw (MP) 208For Petitioner: Advocate R.K.S. KushwahFor State: Public Prosecutor Samar GhuraiyaClick here to read/download Order

Investigating Officer Can't Keep Probe Pending But Court Can't Give Direction To File Chargesheet: MP High Court

Jayanti Pahwa

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