R.SARALA versus T.S.VELU

R.SARALA versus T.S.VELU

The High Court cannot direct the Investigating Officer to file a charge sheet in accordance with the opinion of the Public Prosecutor; this is not permissible under the scheme of the Code of Criminal Procedure, which separates investigation from prosecution.

Parties
Appellant: R. Sarala; Respondent: T.S. Velu; Appellant's Father: V. Ramalingam; Respondents' Advocate: V.G. Pragasam; Appellant's Advocate: T. Raja
Jurisdiction
India
Judgment Date
13 April 2000
Procedural Posture
Criminal Appeal / Appeal Against High Court Order
Outcome
Appeal allowed
Legal Topics
Investigation, Prosecution, Role of Public Prosecutor, Section 163(2) Criminal Procedure Code, Section 173(2) Criminal Procedure Code
Criminal Law Investigation Prosecution Role of Public Prosecutor Section 163(2) Criminal Procedure Code Section 173(2) Criminal Procedure Code

Case Brief

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Parties

R. Sarala

Appellant

T.S. Velu

Respondent

V. Ramalingam

Appellant's Father

V.G. Pragasam

Respondents' Advocate

T. Raja

Appellant's Advocate

Procedural Posture

Criminal Appeal / Appeal Against High Court Order

Legal Issues

  1. 1 Whether the investigating agency can be compelled to seek opinion of the Public Prosecutor under the orders of Court for filing a charge sheet

Ratio Decidendi

The High Court cannot direct the Investigating Officer to file a charge sheet in accordance with the opinion of the Public Prosecutor; this is not permissible under the scheme of the Code of Criminal Procedure, which separates investigation from prosecution.

Court Disposition

Appeal allowed

Orders

  • Impugned High Court order set aside; order directing investigation officer to file amended charge sheet in accordance with Public Prosecutor's opinion quashed.