AIR 2000 SUPREME COURT 3275

Supreme Court Of India

(From : 1999 (1) Gauhati LR 498)

Hon'ble Judge(s): K. T. Thomas, R. P. Sethi, S. N. Variava , JJJ

Criminal P.C. (2 of 1974) , S.156(1), S.2(h)— Privately funded police investigation - Is vitiated - Financial crunch of any State treasury is no ground for directing complainant to supply financial assistance to police for conducting investigation. The police inaction to carry on with the investigation in criminal case cannot be attributed to financial crunch of the State and the complainant cannot be directed to supply funds to the police to meet the cost. Financial crunch of any State treasury is no justification for allowing a private party to supply funds to the police for conducting such investigation. Augmentation of the fiscal resources of the State for meeting the expenses needed for such investigations is the lookout of the executive. Failure to do it is no premise for directing a complainant to supply funds to the investigating officer. Such funding by interested private parties would vitiate the investigation contemplated in the Code. A vitiated investigation is the precursor for miscarriage of criminal justice. Hence any attempt, to create a precedent permitting private parties to supply financial assistance to the police for conducting investigation, should be nipped in the bud itself. No such precedent can secure judicial imprimatur.(Para 18) In constitutional scheme, the police and other statutory investigating a....