A Division bench of the Apex Court held as follows,
From Para 91,
91. More so, the accused has no right to have any say as regards the manner and method of investigation. Save under certain exceptions under the entire scheme of the Code, the accused has no participation as a matter of right during the course of the investigation of a case instituted on a police report till the investigation culminates in filing of a final report under Section 173(2) of the Code or in a proceeding instituted otherwise than on a police report till the process is issued under Section 204 of the Code, as the case may be. Even in cases where cognizance of an offence is taken on a complaint notwithstanding that the said offence is triable by a Magistrate or triable exclusively by the Court of Sessions, the accused has no right to have participation till the process is issued. In case the issue of process is postponed as contemplated under Section 202 of the Code, the accused may attend the subsequent inquiry but cannot participate. There are various judicial pronouncements to this effect but we feel that it is not necessary to recapitulate those decisions. At the same time, we would like to point out that there are certain provisions under the Code empowering the Magistrate to give an opportunity of being heard under certain specified circumstances.
From Para 97
97. If prior notice and an opportunity of hearing are to be given to an accused in every criminal case before taking any action against him, such a procedure would frustrate the proceedings, obstruct the taking of prompt action as law demands, defeat the ends of justice and make the provisions of law relating to the investigation lifeless, absurd and self- defeating. Further, the scheme of the relevant statutory provisions relating to the procedure of investigation does not attract such a course in the absence of any statutory obligation to the contrary.
Indiankanoon Version:Union of India and Anr Vs W.N.Chadha on 17 Dec 1992 (IK)
Casemine Version:Union of India and Anr Vs W.N.Chadha on 17 Dec 1992 (CM)
LegalData Version:Union of India and Anr Vs W.N.Chadha on 17 Dec 1992 (LD)
Citations: [1992 SCALE 3 396], [1992 SUPP SCR 3 594], [1992 AIR SC 1082], [1992 SUPP JT 1 255], [1993 AIR SC 1083], [1993 SUPP SCC 4 280], [1993 CRLJ SC 859], [1993 SUPPL SCC 4 260], [1993 SCC CRI 1171]