Investigation I

H N Rishbud v. State of Delhi, (1955) 1 SCR 1150; Ramsinh Bavaji Jadeja v. State of Gujarat, (1994) 2 SCC 685; Union of India v. Prakash P. Hinduja, (2003) 6 SCC 195.

What emerges is, an investigation commences upon receipt of information by Police which discloses commission of a cognizable offence. However, mere receipt and recording of such information (through an FIR) by itself does not mean investigation has also commenced. Rather, investigation commences when Police takes first step (of proceeding to spot or collecting evidence or speaking to a witness or arresting accused person) on basis of such information.

Hon’ble Justice Dr. D.Y. Chandrachud, Naser Bin Abu Bakr Yafai v. State of Maharashtra, [Criminal Appeal No. 1165 of 2021].