New Delhi: The Supreme Court has asked all high courts not to misuse the inherent powers in criminal law and to exercise such a power sparingly.

Dealing with a case in which the Madras High Court directed investigation against a person and also the manner in which investigation should be conducted, the apex court said: "Such a power does not come within the purview of Section 482 Cr.PC [inherent powers]."

A Bench of Justices S. B. Sinha and P. P. Naolekar said: "Investigation of an offence is a statutory power of the police. It is for the Public Prosecutor to discharge his duties in terms of the provisions of Cr.PC. The High Court, thus, has no role to play in such matters. It is for the Public Prosecutor himself to see to whom and how to render his advice or as to whether the State would like to proceed against an accused or not."

In the instant case, the High Court agreed with the sessions court and directed the investigating agency to probe the involvement of two accused, "Popular" Muthiah and Murugan in a criminal case and to prosecute them (though their names did not figure in the chargesheet filed). The two filed an appeal against this judgment.

The apex court Bench said the High Court had not borne in mind the principles of inherent powers. "The High Court went beyond its jurisdiction in directing the prosecution of the appellants. In a case of this nature, where a superior court exercised its inherent jurisdiction, it indisputably should remind itself about the inherent danger in taking away the right of an accused."

Writing the judgment, Mr. Justice Sinha said: "The High Court should have been circumspect in exercising the said jurisdiction. When a power under Cr.PC. is exercised, the court ordinarily should not interfere with the statutory power of the investigating agency. It cannot issue directions to investigate the case from a particular angle or by a particular agency."

The Bench observed that the High Court ought to have given an opportunity to the State and to the appellants before directing investigation against them. Since the High Court had failed to do so, the Bench quashed the order and remitted the matter back to the High Court for consideration of the case afresh.

The High Court should issue notice to the State and the appellants and pass appropriate orders on merit, the Bench said.

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