Rajasthan High Court larger bench to decide whether Head Constable can probe cognizable offences

A single-judge of the Rajasthan High Court recently observed that a Head Constable is not empowered to conduct investigation into criminal cases involving cognizable offences. [Bharat Kumar vs. State of Rajasthan].Justice Anil Kumar Upman said that only officers in the rank of Assistant Sub Inspector (ASI) or above can conduct such investigation as per the provisions of Code of Criminal Procedure and Rajasthan Police Rules.The judge made the observations while disagreeing with a 1998 High Court ruling in which it was held that police officials below the rank of ASI rank are empowered to conduct investigation in cases involving cognizable offences..Thus, the Court thought it fit and proper to refer the matter to the Chief Justice for a decision by a division bench or a larger bench. The following question was framed by the Court for the larger bench:“Whether an officer below the rank of ASI of Police, can conduct investigation of a case involving cognizable offence(s) and if he is not empowered to conduct investigation in such cases, then what would be the consequences of the investigation conducted by such officer?”.The Court raised the question while hearing a petition seeking quashing of a First Information Report (FIR) registered by the Police under Sections 341 (wrongful restraint), 323 (voluntarily causing hurt) and 506 (criminal intimidation) of Indian Penal Code (IPC).The counsel representing the accused had contended that the FIR was vitiated as the investigation had been conducted by a Head Constable, who was not empowered to do so. It was further submitted that the charge-sheet had also been filed by the same official.Reliance was also placed on the information received under Right to Information Act (RTI Act) from the Police Department stating that only the police officers of and above the rank of ASI are empowered to conduct investigation into the cognizable offences..However, the Public Prosecutor relied on the 1998 decision of a co-ordinate bench in State of Rajasthan vs Kera & Ors to argue that Head Constable was well within his powers to conduct investigating of cases involving cognizable offences.Considering the submissions, the Court at the outset examined Section 157 of the CrPC which lays down the procedure from investigation. .It also looked into Rule 6.1 of the Rajasthan Police Rules, 1965 and found that an officer in charge of a police station is empowered by Section 156 CrPC to investigate any cognizable offence occurring within the limits of his jurisdiction and also also empowered to depute a subordinate officer to investigate the facts and circumstances of the case and, if necessary, to take measures for the discovery and arrest of the offender.“But where a police officer below the rank of assistant sub-inspector is deputed, the investigation shall invariably be taken up and completed by the officer in charge of the police station or an assistant sub-inspector at the first opportunity,” it added..The Court further took note of the information provided under RTI Act by the Police Department as per which only police officers of and above the rank of ASI can investigate cognizable offences.No general or special order has been issued by the State government empowering Head Constables to conduct investigation of a case involving cognizable offence, it noted.Therefore, the Court opined that the Head Constable is not empowered to conduct investigation of a cognizable offence. “It is clear from Section 157 CrPC and Rule 6.1 of the Rajasthan Police Rules, 1965 that "any police officer" may be deputed for spot investigation, to take measures for the discovery and arrest of the offender and for the purpose of ascertaining that cognizable offence has been committed or not and if during investigation, it is found that cognizable offence has been committed then, investigation shall be conducted by the officer in charge of the police station or an assistant sub-inspector,” it said..The Court thus disagreed with the co-ordinate bench and directed the Registrar (Judicial) of Jaipur Bench to place the matter before the Chief Justice for constituting an appropriate bench for authoritative pronouncement on the question formulated by it.Advocate Samarth Sharma represented the petitioner.Public Prosecutor Sanjeev Mahala and Advocate Ashutosh Bhatia represented the State.[Read Order]