As held by the Supreme Court in a catena of judgments that there
is a well-defined and demarcated function in the field of investigation and its
subsequent adjudication. It is not the
function of the court to monitor the investigation process so long as the
investigation does not violate any provision of law. It must be left to the
discretion of the investigating agency to decide the course of investigation. If
the court is to interfere in each and every stage of the investigation and the
interrogation of the accused, it would affect the normal course of
investigation. It must be left to the investigating agency to proceed in its
own manner in interrogation of the accused, nature of questions put to him and
the manner of interrogation of the accused.
It is one thing to say
that if the power of investigation has been exercised by an investigating
officer mala fide or non-compliance of the provisions of the Criminal
Procedure Code in the conduct of the investigation, it is open to the court to quash the proceedings
where there is a clear case of abuse of power. ( P Chidambaram vs DOE, Criminal Appeal No. 1940/2019 decided on
05/09/2019, SC)
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