Public prosecutor cannot be involved in probe, rules SC

The Madras High Court had directed an investigating officer to take back the case from a trial court. The officer was also asked to consult the public prosecutor and submit a fresh chargesheet in the court in tune with the opinion of the prosecutor.

Writing the judgment for a division Bench, Justice K T Thomas said public prosecutor was to deal with a different field in the administration of justice and he was not involved in investigation.

quot;It is not in the scheme of the Criminal Procedure Code for supporting or sponsoring any combined operation between the investigating officer and the public prosecutor for filing the report in the court,quot; he said.

Justice Thomas said, quot;The role of the public prosecutor is inside the court, whereas investigation is outside the court.quot;

Justice Thomas said the High Court has committed an illegality in directing the final report to be taken back. quot;Such an order cannot stand legal sanctity and hence we allow these appeals and set aside the High Court order,quot; he said.

He said normally the role of public prosecutor commences after investigating agency presents the case in the court on culmination of investigation.

The Apex Court said a public prosecutor was appointed for conducting any prosecution, appeal or other proceedings in the court as an officer of the Court.

quot;Thus, public prosecutor is to deal with a different field in the administration of justice and he is not involved in investigation,quot; Justice Thomas said.

Investigating officer, the court said, was subject to supervision by his superiors but was not obliged to take instructions regarding investigation of any particular case even from the executive government of which he was a subordinate officer.

Justice Thomas, however, said it was always open to any investigating officer to get the best legal opinion on any legal aspect concerning preparation of any report.