ISHWAR PRATAP SINGH & ORS.versusTHE STATE OF UTTAR PRADESH & ANR.

                       [2017] l l S.C.R. 145



               ISHWAR PRATAP SINGH & ORS.                              A
                                v.
          THE STATE OF UTTAR PRADESH & ANR.
                (Criminal Appeal No. 2039 of2017)
                      NOVEMBER 28. 20 l 7                              B

        [KURIAN JOSEPH AND AMITAVA ROY, JJ.]
       Code o,fCriminal Procedure, 1973 - s.482 - Quashing of
supplementary report filed under s.173 by Investigating Officer -
In the first chargesheet, the appellants were charged for o.ffence     C
under !PC - Two years later, on complaint of respondent no.2, the
SC/ST Commission requested for addition of offence under SC/ST
Act - After supplementm:v report incorporating charges under SCI
ST Act was filed, appellants filed petition for quashing the same -
High Court was of the view that the charges cannot be quashed in
a piecemeal manner - On appeal, held: High Court ought to have         D
exercised its jurisdiction under s.482 to secure the ends ofjmtice -
There is no prohibition under law for quashing a chargesheet in
part - A person may be accused of several offences under different
penal statutes, as in the instant case - He could be aggrieved of
prosecution only on a particular charge or charges, on any ground      E
 available to him in law - Under s.482, all that the High Court is
required to examine is whether its intervention is required for
 implemel.lfing orders under the CrPC or for prevention of abuse of
process, or otherwise to secure the ends of justice - A chargesheet
filed at the dictate of somebody other than the police would amount
 to abuse of the process of law and, therefore, High Court ought to    F
 have exercised its inherent powers under s.482 to the extent of the
 abuse - The Supplementary Report filed by the Pol iee, at the
direction of the Commission, is quashed - SC/ST (Prevention of
Atrocities) Act - s.3(J}(x) - Penal Code, 1860 - ss.323, 504, 506.
      Allowing the appeal, the. Court                                  G
      HELD: l.l No external agency can dictate the course of
investigation .in a criminal case. It is within the exclusive
jurisdiction of the police. (Para 7] (151-B]

                                                                       H
                                145
146            SUPREME COURT REPORTS                     [2017] 1 I S.C.R.


A           R. Sara/a v. T. S. Ve/u & Ors. (2000) 4 SCC 459 : [20001
            3 SCR 1- relied on.
             1.2 The Court also cannot supervise the investigation.
      However, in exceptional situations, Superior Courts may monitor
      an investigation. But that is not the same as supervision. No
B     doubt, superior officers of police may exercise their powers under
      Section 36 CrPC in supervising the investigation. In the instant
      case, the direction was issued on the basis of a complaint filed by
      Respondent No.2 before the Commission. It is not clear as to
      whether the Commission had conducted any inquiry before issuing
      direction to the Police. It is not clear whether respondent no.2
c     had made out a case for the intervention of the Commission under
      the Rules of Procedure of National Commission for Scheduled
      Castes. fPara 71[151-C-D]
             2. A perusal of NCR shows that the ingredients under
      Section 3 (l)(x) have not been made out. There was not even a
D     whisper of allegation of harassment based on caste. That is why
      the first cbargeshcet was only under Sections 323, 504 and 506
      of the IPC. It is over two years later that the Respondent No. 2
      a11pears to have complained to the Commission. Under Ruic
      7.5.2(vi), the Commission is empowered to conduct an inquiry to
E     "whether proper charge sheet has been filed mentioning the
      rele\'ant sections of !PC together with the PCR Act, 1955 and
      SCs & STs (POA) Act, 1989 in Court". This is not a power to
      dictate the course of the investigation. The Commission is
      competent to point out any lapses or !aches in the investigation.
      The Commission could only have brought to notice of the Police
F     the need for a proper or further investigation and it was for the
      Police to take a call. [Para 8)(152-B-D)
            3. The High Court ought to have exercised its jurisdiction
      under Section 482 CrPC to secure the ends of justice. There is
      no prohibition under law for quashing a chargeshcet in part. A
G     person may be accused of several offences under different penal
      statutes, as in the instant case. He could be aggrieved of
      prosecution only on a particular charge or charges, on any ground
      available to him in law. Under Section 482, all that the High Court
      is required to examine is whether its intervention is required for
H
      implementing orders under the CrPC or for prevention of abuse
 . ISHWAR PRATAP SINGH & ORS. v. THE STATE OF UTTAR                      147
                   PRADESH & ANR.

of process, or otherwise to secure the ends of justice. The              A
Supplementary Report filed by the Police, at the direction of the
Commission, is quashed. [Para 9](152-E-G]
      Manohar Lal Sharma v. Principal Secretat:V & Ors.
      (2014) 2 sec 532 - referred to.
                       Case Law Rl'fcrcnce                               B

[2000] 3 SCR 1                  relied on                Para 7
(2014) 2 sec 532                referred to              Para 7
      CRlMINALAPPELLATE JURISDICTION: Criminal Appeal No.
2039 of2017.                                                              C
       From the Judgment and Order dated 22.07.2015 of the High Court
of Judicature at Allahabad, Lucknow Bench, Lucknow in Cr!. Misc.
Petition No. 1392 of2008.
      Vishwajit Singh, Pankaj Singh, Ms. Ridhima Singh, Mrs. Vcera        D
Kaul Singh (for Mis. Vidhi Intcrnational),Advs. for the Appellants.
     Ratnakar Dash, Sr. Adv., Ms. Sakshi Kakkar, Ardhendumauli
Kumar Prasad, Samir Ali Khan, Abhishek, Arijit Prasad, Advs. for the
Respondents.
      The Judgment of the Comt Was delivered by                           E
     . KURlAN, J. I. Leave granted.
        2. The appellants arc aggrieved by the order dated 22.07.2015
passed in Cr!. Misc. Petition No.1392 of 2008 by the High Court of·
Judicature at Allahabad, Lucknow Bench. The High Court declined to
exercise its j nrisdiction under Section 482 of the Code of Criminal F
Procedure, 1973 (hereinafter referred to as "CrPC") on a prayer made
by the appellants for quashing the Supplementary Report filed under
Section 173 of CrPC. dated 26.04.2007 by the Investigating Officer. It
is stated in the Report itself that the charges arc added at the instance of
the National Commission for Scheduled Castes (hereinafter referred to G
as '·'the Commission"). The Report, to the extent relevant. reads as
follows:-
      " It is most respectfully submitted that NCR No.96/04 u/s. 323,
      504. 506 !PC was registered at PS Motiganj on 10.2.2007 and
      subsequently Section 3(1 )(x) of the SC/ST (Prevcntiori of H
148            SUPREME COURT REPORTS                          [2017] ll S.C.R.


A           Atrocities) Act was inserted under the directions of Hon 'ble SC/
            ST Commission and the investigation of the case was taken up by
            me. On the basis of the entire investigation, statement ofinformant
            and witnesses, inspection of the place of occurrence, prima facie
            case for the offence u/s 323, 504, 506 !PC and Section 3( 1)(x) of
            the SC/ST (Prevention of Atrocities) Act is made out against the
B
            named accused in the FIR. The sequence of events are in
            accordance with the NCR No.96/04 in which investigation has
            already been concluded in the past and charge sheet no. nil/04
            dated 21.9.2004 u/s 323, 504, 506 !PC has been submitted in the
            Court against Bharat Singh, Vishnu Singh and Eshwar Pratap
c           Singh. After concluding further supplementary investigation in
            the case, the instant charge sheet no. 17/07 against accused Bharat
            Singh, Vishnu Pratap Singh and Eshwar Singh for the offence
            under Section 3( 1)(x) of the SC/ST (Prevention of Atrocities)
            Act and accused Angad Singh under Section 323, 504, 506 !PC
            and Section 3 (J)(x) of the SC/ST (Prevention of Atrocities) Act
D
            is being submitted before the Court. It is most humbly prayed that
            learned Court may be pleased to include this supplementary charge
            sheet no. 17/07 with the earlier Charge Sheet No. Nil/04 u/s 323,
            504, 506 !PC and issue summons to all the accused persons for
            their trial u/s 323, 504, 506 !PC and Section 3( 1)(x)of the SC/ST
E           (Prevention of Atrocities) Act."
                                                          (Emphasis supplied)
             3. Background: The Respondent No. 2/ complainant lodged an
      NCR bearing no. 96104 dated 25.07.2004 against the appellants at P.S
      Motiganj, District Gonda for offences under Sections 323. 504 and 506
 F    of the Indian Penal Code, 1860 (hereinafter referred to as "!PC"). In
      the first chargesheet dated 21.09.2004 filed by the Police before the
      Chief Judicial Magistrate, Gonda the appellants were chargl.'d under
      Sections 323, 504 and 506 of the !PC. It is the case of the appellants that
      more than two years after the first chargesheet was filed, the Respondent
G     No. 2 made a complaint dated 03.12.2006 before the Commission. It
      appears that within three days, by letter dated 06.12.2006, the Commission
      requested for the addition of Section 3(l)(x) of the Scheduled Castes
      and the Scheduled Tribes (Prevention of Atrocities) Act. The direction
      issued by the Commission reads as follows:-

H
ISHWAR PRATAP SINGH & ORS. v. THE STATE OF UTTAR                            149
          PRADESH & ANR. [KURIAN, J.]

   "Sub.: Regarding protection to atrocity victim- Representation           A
   of Sri Ram Bahadur s/o Late Pherai, Viii. Kahova, PS Motiganj.
   Dist. Gonda.
   Sir,
       On the subject cited above, please recall the deliberation during
   the District Level Meeting held on 27 .11.2006 whereat the enclosed      B
   photocopy of the inquiry report received from the Circle Officer,
   Mankapur, Gonda addressed to you was discussed. It has come
   to light from a perusal of the aforesaid report that charge sheet n/
   s 323/504/506 IPC has been submitted against the accused persons
   in NCRNo.96/04 PS Motiganj, Dist. Gonda. In this context, it is          c
   to state as to why the appropriate Sections of SC/ST Act were
   not invoked in the said case, whereas Section 3(1 )(x) of the SC/
   ST (Prevention ofAtrocities) Act clearly provides that "Whoever,
   not being a member of a Scheduled Caste or a Scheduled Tribe,
   intentionally insults or intimidates with intent to humiliate a member
   of a Scheduled Caste or a Scheduled Tribe in any place within            D
   public view, shall be punishable." Therefore, it would be just and
   proper to invoke the appropriate sections of SC/ST Act in the
   present case.
        It is. therefore. requested that in view of the aforementioned
   facts. you may add Section 31 lllx) of the SC/ST (Prevention of          E
   Atrocities) Act. besides Section 323/504/506 !PC, in the NCR
   No.96/04 and submit supplementary charge sheet in the Court as
   well as a proposal to the competent authority thereby
   recommending grant of financial help to the victims. Please send
   the desired information along with action taken report/repo1t on         F
   the proposed action to the undersigned at the earliest possible.


                                                        Yours faithfully,
                                                          Sd/-illegible
                                                  (Dr. Dibakar Basak)       G
                                 Dy. Director & Head of the Office"
                                                  (Emphasis supplied)


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150            SUPREME COURT REPORTS                          [2017] JI S.C.R.


A           4. Aggrieved, the appellants filed a Writ Petition No. 2330 (M/B)
      of2007 before the High Court. Vide order dated 13.04.2007, the High
      Court stayed the arrest of the appellants. The order reads as follows-
            "It has been pleaded in the writ petition that provisions of S.C./
            S. T. Act llave been deliberately added in order to harass the
B           petitioners. The NCR was registered under Sections 323/504/506
            !PC only. It has also been asserted in the writ petition that there is
            no allegation that offences under the provisions ofS.C./S.T. Act
            have been made out.
                 We are of the considered view that prima facie a case for
c           interim relief is made out in favour of the petitioners.
                Issue notice to Opposite Party No. 4.
               Counter Affidavit may be filed within four weeks. Rejoinder
            Affidavit, if any, may be filed within one week thereafter.
               The arrest of the petitioners shall remain stayed in Case Crime
D
            No.8/07,. u/s. 323/504/506 & 3(1) (X) of S.C./S.T. Act, P.S.
            Motiganj, District Gonda.
                The petitioners shall cooperate in the investigation."
              5. After the supplementary chargesheet was filed, the appellant
 E    filed a petition under Section 482 ofCrPC. While deciding the Section
      482 Petition, the High Court took the view that the charges cannot be
      quashed in a piecemeal manner. The ,short judgment dated 22.7.2015,
      reads as follows:-
            "This petition under Section 482 Cr.P.C. has been filed for quashing
 F          the proceedings of Criminal Case No.531 of2007, arising out of
            Case Crime No. 08 of2007, under Sections 323, 504, 5061.P.C.
            and 3(J)(x) ·of SC/ST Act P.S. Motiganj, district Gonda.
            Learned counsel for the petitioner states that no case under Section
            3(1 )(x) of SC/ST Act is made out and in the supplementary charge
 G          sheet under this Section has been filed subsequently.
            I find no illegality in the charge sheet. The charges cannot be
            quashed in piecemeal. This petition is devoid of merit and it is,
            accordingly. dismissed."
            6. Heard Mr. Vishwajit Singh. learned counsel for the appellants
H     and Mr. Ratnakar Dash, learned senior counsel appearing for Respondent
  ISHWAR PRATAP SINGH & ORS. v. THE STATE OF UTTAR                          151
            PRADESH & ANR. [KURIAN, J.]

No.1/State. Though notice is served on Respondent No.2, there is no         A
appearance.
        7. We do not think that any detailed discussion is warranted on
the well-settled proposition that no external agency can dictate the course
of investigation in a criminal case. It is within the exclusive jurisdiction
of the police [see R. Sarala v. T.S. Velu & Others (2000) 4 SCC 459)]. B
The Court also cannot supervise the investigation. However, in exceptional
situations, Superior Courts may monitor an investigation. But that is not
the same as supervision.' No doubt, superior officers of police may
exercise their powers under Section 36 CrPC in supervising the
investigation. In the instant case, it appears that the direction was issued
on the basis of a complaint filed by Respondent No. 2 before the C
Commission. It is not clear as to whether the Commission had conducted
any inquiry before issuing direction to the Police.At any rate, it is submitted
that the appellants have not been involved in any such inquiry. Equally, it
 is not clear whether the second respondent had made out a case for the
intervention of the Commission under the Rules of Procedure ofNational D
Commission for Scheduled Castes. In this context it is relevant to note
the contents of the NCR bearing No. 96/04 dated 25.07.2004 which
read as follows:-
       "To, the Station House Officer, Police Station Motiganj, Dist.
       Goo~                                                                  E
       Sir,
           It is submitted that the applicant/informant Ram Bahadur s/o
       late Ram Pherai is a permanent resident of village Kahovi, post
       office Dalpatpur, Dist. Gonda. Gata No. 97 situated on Motiganj
       Road is recorded in the name of the applicant. Today, some people     F
       equipped with firearms came to forcibly grab the land of he
       applicant. They assaulted the applicant, abused him with filthy
       language and threatened him saying that "if you speak further, we
       will kill you this time and throw your body".
       Names of the assaulters are as under :-                               G
       Bharat Singh, Eshwar Pratap Singh and Vishnu Pratap Singh sons
       ofAngad Singh andAngad Singh s/o not known residents of village
       Kahova, post Dalpatpur, dist. Gonda.
'Manohar Lal Sharma v. Principal Secretary And Others (2014) 2 SCC 532
                                                                             H
152            SUPREME COURT REPORTS                          [2017] ll S.C.R.


A               You are, therefore, requested to kindly register my report and
            take action against the guilty persons. I shall be grateful to you.
            Applicant. Ram Bahadur s/o Pherai, Scheduled Caste - Chamar,
            r/o Vill. Kahovi, post Dalpatpur, Gonda.
            Date:- 25. 7.04 at 6.00 pm."
B
              8. From a ,perusal of the above it is clear that the ingredients
      under Section 3 (1 )(x) have not been made out. There was not even a
      whisper of allegation of harassment based on caste. That is why the
      first chargesheet was only under Sections 323, 504 and 506 of the IPC.
      It is over two years later that the Respondent No. 2 appears to have
c     complained to the Commission. Under Rule 7.5.2(vi), the Commission is
      empowered to conduct an inquiry to "whether proper charge sheet has
      been filed mentioning the relevant sections of IPC together with the
      PCR Act, 1955 and SCs & STs (POA) Act, I 989 in Court". This is not
      a power to dictate the course of the investigation. The Commission is
D     competent to point out any lapses or !aches in the investigation. The
      Commission could only have brought to notice of the Police the need for
      a proper or further investigation and it was for the Police to take a call.
             9. Having regard to the settled legal position on external
      interference in investigation and the specific facts of this case. we are
E     of the view that the High Court ought to have exercised its jurisdiction
      under Section 482 CrPC to secure the ends of justice. There is no
      prohibition under law for quashing a chargeshcct in part. A person may
      be accused of s~veral offences under different penal statutes, as in the
      instant case. He,could be aggrieved of prosecution only on a particular
      charge or charges, on any ground available to him in law. Under Section
F     482, all that the High Court is required to examine is whether its
      intervention is required for implementing orders under the CrPC or for
      prevention of abuse of process, or otherwise to secure the ends ofjustice.
      A chargesheet filed at the dictate of somebody other than the police
      would amount abuse of the process of law and hence the High Court
G     ought to have exercised its inherent powers under Section 482 to the
      extent of the abuse. There is no requirement that the chargesheet has to
      be quashed as a whole and not in part. Accordingly, this appeal is allowed.
      The Supplementary Report filed by the Police, at the direction of the
      Commission, is quashed.

H
  ISHWAR PRATAP SINGH & ORS. v. THE STATE OF UTTAR                               153
            PRADESH & ANR. [KURIAN, J.]

       I 0. However, we make it clear that the order passed by this Court        A
shall not stand in the way of the police and for that matter the Court,
taking any steps in due exercise of their powers under the provisions of
th.e CrPC, if so warranted, at any stage.


Dcvika Gujral                                               Appeal allowi..-d.