Amar Nath Chaubey v. Union Of India S.L.P. (CRL.) NO.6951 of 2018

Court: Supreme Court of India

Issue: Can a closure report be filed only on the basis of lack of adequate information provided by Informant?

Role of court in case the Investigating Agency fails to duly perform its duties.

Held: A closure report cannot be filed merely on the ground that the investigation was not possible as the informant had not supplied adequate materials to investigate.

If the police has not investigated properly or is remiss in the performance of its duty, the court has a bounden constitutional obligation to ensure that the investigation is conducted in accordance with law. If the court gives any directions for that purpose within the contours of the law, it cannot amount to interference with investigation. A fair investigation is, but a necessary concomitant of Articles 14 and 21 of the Constitution of India and this Court has the bounden obligation to ensure adherence by the police.

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