Criminal Law Cannot Be Used to Settle Scores With Investigating Officers, Says MP High Court; FIR Against Police Officers Quashed
In a significant ruling protecting investigating officers from retaliatory criminal prosecution, the Madhya Pradesh High Court has observed that criminal law cannot be converted into a weapon for wreaking vengeance against police officers merely because they performed their official investigative duties. Exercising its inherent jurisdiction, the Court quashed criminal proceedings initiated against police officials after finding that the complaint appeared to be a counterblast to the investigation carried out by them and lacked the essential ingredients of the alleged offences.
The case arose after a complainant sought criminal action against investigating officers, alleging abuse of authority and misconduct during the course of a police investigation. The officers approached the High Court contending that the complaint was a retaliatory attempt to intimidate them for discharging their statutory responsibilities and that the allegations were devoid of specific material establishing any criminal offence.
Examining the record, the High Court found that the complaint did not disclose any prima facie offence warranting criminal prosecution. The Bench observed that the investigating officers had acted in the discharge of their official functions and that the complainant had resorted to criminal proceedings only after being subjected to investigation. The Court cautioned that permitting such prosecutions without adequate legal basis would have a chilling effect on honest police officers performing their duties.
The Court reiterated the settled principle that the extraordinary jurisdiction to quash criminal proceedings can be exercised where a prosecution is manifestly attended with mala fides or instituted with an ulterior motive to harass the accused. Relying on the well-established principles governing the exercise of inherent powers, the Bench held that criminal proceedings initiated as an act of personal vendetta or to retaliate against investigating officers amount to an abuse of the process of law.
While emphasizing that police officials are not immune from prosecution for genuine misconduct, the High Court clarified that they cannot be dragged into criminal litigation solely because they investigated a case or performed acts reasonably connected with their official duties. The Court observed that the criminal justice system must protect both citizens against abuse of power and honest public servants against frivolous, vindictive and malicious prosecutions.
Allowing the petition, the High Court quashed the impugned criminal proceedings, holding that continuation of the prosecution would amount to an abuse of the judicial process. The judgment reinforces the principle that while accountability of investigating officers remains subject to law, criminal courts cannot be used as instruments of retaliation against officers for bona fide acts performed during the course of investigation, unless the complaint discloses clear and specific criminal conduct supported by credible material.
