Can the High Court direct the police to include certain persons as accused in a case? No, the court has ruled.
Justice S. Nagamuthu passed the order on a petition filed by K. Iyyappan seeking a direction to police to arraign four persons as accused in a case.
The petitioner had filed a complaint at the North Beach police station regarding an alleged offence under section 409 (criminal breach of trust by a public servant, or by banker, merchant or agent) of the Indian Penal Code.
In the present petition, he sought a direction to the police to conduct further investigations in the case by including one Ramesh Ganesh Iyer and three others as accused.
Justice Nagamuthu, after hearing both sides, said that in his opinion, issuing any positive direction would tantamount to interference with the investigation, which the court could not do.
Further, during investigation, if there was any evidence of the involvement of anyone else apart from the accused named in the FIR, they should also be arraigned by the investigating officer, he noted.
Considering this, the direction sought by the petitioner could not be issued, the Judge said, dismissing the petition.
