A. Shankar @ Savukku Shankar v. Secretary to Government -Writ Jurisdiction - Direction To File ChargeSheet

Constitution of India - Article 226 - High Court Direction for filing of charge-sheets by the investigating agency - If the High Court directs, at a stage prior to conclusion of investigation, that a charge-sheet has invariably to be filed upon closure of investigation in a particular case irrespective of what the materials are which have been collected during investigation and without allowing the investigating officer to form his own opinion as regards the next course of action, that would take away the discretion of such officer and he would be left with no other option but to proceed in the direction as required by the high court under pain of threat of contempt. Other than very extreme cases, the high courts ought to exercise restraint and not issue such directions which foreclose the discretion of the executive. [Context: The appellant had filed a writ petition before the Madras High Court seeking action on his complaints alleging abuse of power and false cases by the police, but the High Court, while dismissing the writ, went on to direct the police to file charge‑sheets in pending cases within four months and the trial courts to complete trials within six months - In Appeal, set aside this direction issued by the High Court.]

Constitution of India - Article 226 ; Code of Criminal Procedure 1973 - Section 482 ; Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528- If any investigation is in progress, the accused generally cannot complain about its mode and manner before the writ court unless the First Information Report does not even prima facie disclose an offence or there are other vitiating factors and even then, only in rare cases can a writ court intervene to halt the investigation- It is the duty of the investigating officer to conduct free, fair and proper investigation and, thereafter, file an appropriate report in terms of Section 173, Cr. PC/Section 193, BNSS. If at all any procedure is given a go-bye in the process, the Cr. PC or the BNSS provides the remedy to the accused which, alone, ordinarily ought to be pursued.  (Para 19)

Quote - None can be put in a worse position for approaching the court of law and find himself in a position more disadvantageous than the position he was in, on the date he moved the court.  (Para 8)