SUPREME COURT OF INDIA

Before:- G.B. Pattanaik and B.N. Agrawal, JJ.

Crl. A. No. 577 of 2001 (Arising out of SLP(Crl.) No. 54 of 2001. D/d. 30.04.2001.

R.P. Malik - Petitioner

Versus

State (Govt. of Delhi and Ors. - Respondent

Constitution of India, 1950 Article 226 Extra-ordinary jurisdiction - Power of court - In exercise of inherent power High court not empowered to direct direct that investigation should go on but charge sheet be filed with leave of court - Direction regarding charge sheet set aside.

[Para 3]

JUDGEMENT

Leave granted.

2. This appeal by special leave is directed against an interim order of Delhi High Court dated 13.09.2000 by which order, the High Court has directed that investigation may go on but chargesheet will not be filed without the permission of the Court. As it appears, on the basis of an FIR No. 220/2000 filed before the police making allegations under Sections 420/ 467/468/471II20-B IPC the investigation has started. The alleged accused persons filed a writ petition in the High Court for quashing of the FIR. That writ petition is pending. As an interim order, the High Court permitted investigation to goo n but directs that chargesheet cannot be filed without permission of the Court. It is this later part of the order which is the subject matter of challenge in this appeal.

3. Ordinarily, this Court does not interfere with an interim order in exercise of its jurisdiction under Article 136 of the Constitution of India, but in the case in hand the interim order, on the face of it, is in excess of the jurisdiction of the High Court under Article 226 of the Constitution. In a given case the Court may be justified in quashing the FIR. The Court also may be justified if cognizance is taken to quash the cognizance and even at a later stage, the Court may be justified in interfering with an order of framing charges. But, we do not find any justification for a Court in exercise of its power under Article 226 of the Constitution of India to direct that investigation should go on but chargesheet will not be filed without the leave of the Court. This, in our opinion, is beyond the powers of the Court. We, therefore, set aside that part of the order of the High Court preventing filing of such chargesheet without leave of the Court.

4. We are not expressing any opinion on the merits of the matter. The appeal stands disposed of accordingly.

.