D. Venkatasubramaniam & Others v. M.K. Mohan Krishnamachari (2009) 10 SCC 488
Quick Summary
This case clarifies a simple rule: investigation belongs to the police. The High Court’s power under Section 482 CrPC is wide but not a license to direct arrests, seizures, or filing a charge-sheet. It is used sparingly to stop abuse of process and to secure justice. Here, the Supreme Court set aside the High Court’s order because it crossed that line and was passed without hearing the accused.
Issues
- Can the High Court, using Section 482 CrPC, tell the police how to conduct an investigation?
Rules
- Under Section 482 CrPC, the High Court acts to (i) secure the ends of justice, (ii) give effect to orders under the Code, or (iii) prevent abuse of process.
- The High Court cannot run or script the investigation. Choices like arrest, seizure, or filing a charge-sheet are for the police, case by case.
- The power must be used cautiously, sparingly, and carefully.
MoU: IVR Prime Urban Developers Ltd. (IVR) engaged the Respondent to facilitate sale of 600 acres at ₹28 lakh per acre. IVR held ₹2 lakh per acre as performance security, forfeitable on default.
Right to Cancel: IVR could cancel if convinced that the Respondent could not perform.
Shortfall: Respondent could arrange only 64 acres. IVR issued a legal notice for the balance.
Cancellation & Forfeiture: No response came, so IVR cancelled the MoU and forfeited the retention amount.
Subsequent Purchases: IVR later bought 346 acres from owners through other MoUs for about ₹121.35 crores.
Criminal Case: Respondent filed a complaint under IPC 406 & 420 alleging breach of trust and cheating. Police registered the case and began investigation.
Section 482 Petition: Within a week, Respondent approached the Madras High Court seeking directions to seize ₹2,28,00,000 from the Appellants.
High Court Order: Directed police to protect Respondent’s interest by steps like arrest, seizure, charge-sheet and to expedite the probe in six months.
Appeal: Appellants moved the Supreme Court, saying the High Court exceeded its Section 482 power and passed directions without hearing them.
Arguments
Appellants
- High Court cannot dictate investigation steps under Section 482 CrPC.
- Order was passed ex parte; they were not heard.
- Investigation may or may not need arrest, seizure, or charge-sheet—police must decide.
Respondent
- Sought directions to secure alleged amounts via seizure.
- Argued for court’s protective role to ensure effective investigation and timely completion.
Judgment (Supreme Court)
- High Court exceeded its jurisdiction. Directions to arrest, seize property or file a charge-sheet were beyond Section 482.
- Investigation is the police’s exclusive domain. Not every investigation ends in arrest, seizure, or charge-sheet.
- Natural justice breached. Order passed without hearing the Appellants was a nullity.
- Appeals allowed. The Supreme Court set aside the High Court’s order.
Ratio Decidendi
Section 482 CrPC is a supervisory safety-valve to prevent abuse of process and secure justice. It is not a power to direct the manner of investigation. Courts must resist telling the police to arrest, seize, or file a charge-sheet during an ongoing probe.
Why It Matters
- Protects the separation of roles between courts and the police.
- Prevents pre-judging investigation steps.
- Sets a clear boundary for High Courts when faced with Section 482 petitions.
Key Takeaways
- Police decide investigation steps—arrest, seizure, charge-sheet.
- Section 482 CrPC is exceptional—used to prevent abuse or secure justice.
- Hear the affected parties—orders without hearing can be void.
Mnemonic + 3-Step Hook
Mnemonic: “Police Investigate, Court Supervises” — PICS.
- Police run the probe.
- Investigation steps are their call.
- Court Supervises only to stop abuse / ensure justice (S.482).
IRAC Outline
Issue: Can the High Court direct the police how to investigate under Section 482 CrPC?
Rule: S.482 is to secure justice, prevent abuse, and give effect to orders—not to script investigation.
Application: High Court directed arrest/seizure/charge-sheet and did so without hearing the accused; this overstepped its role and ignored natural justice.
Conclusion: Supreme Court set aside the order; investigation remains the police’s domain.
Glossary
- Section 482 CrPC
- Inherent power of High Court to prevent abuse of process and secure justice.
- Abuse of process
- Using court process for an improper purpose.
- Nullity
- An order void in law, as if it never existed.
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