Can a Police Sub-Inspector Investigates and File a charge Sheet in Criminal Case?

In the case of ES Praveen Kumar v The State of Karnataka, The Karnataka High Court held that a police sub-inspector can investigate and file a charge sheet after due investigation.

The Single Judge Bench of Justice K Natarajan held, “The Police Sub-Inspector or Inspector both are in charge of the PS, there is no defect in the charge sheet filed by the police Sub-Inspector after due investigation.”

The facts of the case:

The petitioners in the jail for more than six months filed an application for quashing of the FIR registered against them, under charges of Section 306 (abatement of suicide) r/w Section 34 (common intention) of IPC.

The Advocate for petitioners contended that the Police Inspector is the SHO of the Police Station and so the charge sheet filed by the Sub-Inspector who is of lower rank has no authority to file the charge sheet. Therefore, the charge sheet should be set aside as it was filed by a police inspector who had no authority whatsoever.

It was contended by the Public Prosecutor that according to Section 154 and Section 156 of CrPC, no Court can question the investigation of the police officer, also it does not say who has to investigate. It was the Sub Inspector who filed the charge sheet, he was the one who received the complaint.

Judgment: 

• The Court observed the judgment in the case of Fertico Marketing and Investment Pvt. Limited and Ors. v CBI and Another, where the SC held that any error or irregularity found in the charge sheet filed by the police and any observation made by the court on its basis won’t be quashed or any further proceedings on its basis would not be set aside.

• Also in the case of H.N. Rishbud v State of Delhi, it was held that if on the basis of such investigation a decision is made by the court, then such decision won’t be set aside unless it is proved that such illegality in the investigation has resulted in a miscarriage of justice.

• Also, about the reference made by the public prosecutor about Section 154 to 156, the Court held that the provisions don’t mention as to who would file the charge sheet, on plain reading it only says the police officer, “it’s well settled that officers in charge of PS include Inspector of Police, Sub- Inspector, Asst. Sub- Inspector and a Head Constable not below the rank of Police Constable.”

• The court also referred to the Karnataka Police Manual, that according to the manual, Sub Inspectors are also empowered to file charge sheet as he is also in charge of the police station.

Lead India provides a pool of lawyers who have expertise in the issues related to criminal offenses and can provide assistance as well as guidance related to the subject.