Court quashes FIRs, halts proceedings in Crime Branch cases. Investigating Officers to submit records to Special Court

The court quashed the FIRs and further proceedings in Crime Nos. 94 of 2021 and 98 of 2021 of the Crime Branch Police Station. The Investigating Officers were directed to submit all records pertaining to the crimes to the Special Court in a sealed cover. The Special Court was authorized to decide whether it is expedient to conduct an inquiry based on the materials submitted. The writ petitions were disposed of accordingly.

---

---

Issues Involved
1. Legality of the registration of FIR by the Crime Branch against ED officials.
2. Applicability of Section 195 of Cr.P.C to the offences alleged.
3. Whether the Police can investigate offences under Section 195(1)(b)(i) of Cr.P.C.
4. The role of the Special Court in addressing complaints related to offences under Section 195(1)(b)(i) of Cr.P.C.
5. The impact of the prohibition under Section 195(1)(b)(i) on other interwoven offences.
6. The procedure under Section 340 of Cr.P.C for addressing offences under Section 195(1)(b)(i).

Detailed Analysis

1. Legality of the Registration of FIR by the Crime Branch Against ED Officials
The writ petition was filed by the Deputy Director of the Enforcement Directorate (ED) challenging the registration of an FIR by the Crime Branch of the State Police. The FIR was based on allegations that ED officials coerced an accused to implicate the Chief Minister of Kerala. The petitioner argued that the registration of the crime by the State Police against Central Agency officers undermines cooperative federalism and impairs the conduct of free, fair, and impartial investigations by Central Agencies.

2. Applicability of Section 195 of Cr.P.C to the Offences Alleged
The court analyzed Section 195 of the Cr.P.C, which restricts courts from taking cognizance of certain offences unless a complaint is made by the court or a public servant. The offences in the FIR included Sections 116, 120B, 167, 192, 193, and 195A of the IPC, with Section 193 falling under the ambit of Section 195(1)(b)(i) of Cr.P.C. The court concluded that the prohibition under Section 195 applies because the offences alleged have a direct impact on judicial proceedings and the administration of justice.

3. Whether the Police Can Investigate Offences Under Section 195(1)(b)(i) of Cr.P.C
The court considered precedents to determine if Section 195(1)(b)(i) prohibits the police from investigating offences. It was noted that while Section 195(1)(b)(ii) deals with cognizable offences, Section 195(1)(b)(i) deals with non-cognizable offences. The court concluded that the police could not register crimes under Section 195(1)(b)(i) without following the procedure under Section 155 of the Cr.P.C.

4. The Role of the Special Court in Addressing Complaints Related to Offences Under Section 195(1)(b)(i) of Cr.P.C
The court emphasized that the Special Court, which had taken cognizance of the PMLA offences, is the appropriate authority to address complaints related to offences under Section 195(1)(b)(i). The court highlighted that any aggrieved person could alert the court about the commission of a crime intended to mislead the court or scuttle the proceedings, and the court could take action under Section 340 of Cr.P.C.

5. The Impact of the Prohibition Under Section 195(1)(b)(i) on Other Interwoven Offences
The court held that the prohibition under Section 195(1)(b)(i) extends to other offences interwoven and inseparable from the primary offence. The court noted that the offences alleged, including Sections 167 and 195A of IPC, were interwoven with the offence under Section 193 and thus fell under the prohibition of Section 195(1)(b)(i).

6. The Procedure Under Section 340 of Cr.P.C for Addressing Offences Under Section 195(1)(b)(i)
The court outlined the procedure under Section 340 of Cr.P.C, which allows the jurisdictional court to conduct a preliminary inquiry and decide whether it is expedient to conduct an inquiry into the offences. The court directed that the Special Court should look into the materials collected by the Crime Branch and decide whether to conduct an inquiry.

Conclusion
The court quashed the FIRs and further proceedings in Crime Nos. 94 of 2021 and 98 of 2021 of the Crime Branch Police Station. The Investigating Officers were directed to submit all records pertaining to the crimes to the Special Court in a sealed cover. The Special Court was authorized to decide whether it is expedient to conduct an inquiry based on the materials submitted. The writ petitions were disposed of accordingly.

---