The record
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- The Supreme Court quashed a Bombay High Court order that had denied a time extension for filing a chargesheet against a Popular Front of India member.
- Justices Prashant Kumar Mishra and Shree Chandrashekhar declared that investigation of a crime belongs exclusively to the police.
- The bench stated that courts cannot curtail statutory police powers to decide when an investigation should conclude.
- This ruling mandates that the accused, who previously received default bail, must surrender within 30 days.
Who said what1
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Prashant Kumar Mishra
1 quote · 1 outlet
“Investigation of a crime is the exclusive domain of the police. It is not the jurisdiction of the court to decide when the investigation in a case should stop. It must be left to the discretion of the investigating agency to decide the course of investigation and to proceed in its own manner. The court cannot curtail the statutory powers vested in the police except in an exceptional case on facts or where there is a statutory bar to carry out investigation by the police”
In the article
…were granted default bail, a bench of Justices Prashant Kumar Mishra and Shree Chandrashekhar said the HC committed an error in not granting more time to the anti-terrorism squad of Mumbai police to complete the probe." Investigation of a crime is the exclusive domain of the police. It is not the jurisdiction of the court to decide when the investigation in a case should stop. It must be left to the discretion of the investigating agency to decide the course of investigation and to proceed in its own manner. The court cannot curtail the statutory powers vested in the police except in an exceptional case on facts or where there is a statutory bar to carry out investigation by the police ," the bench said. It added that courts cannot interfere with the statutory right of the police to investigate the circumstances of a cognisable crime and it was the bounden duty of the executive, through the police…
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Named India · Bombay High Court · Popular Front of India · Mumbai Police · Prashant Kumar Mishra · Shree Chandrashekhar · Supreme Court of India
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