If evidence is relevant, it is admissible irrespective of how it is obtained
The Investigating Agency has no power to appreciate the evidence
Regarding limitation, although delay is duly explained in the petition, however, there is no applicability of Limitation Act on Section 482 Cr.P.C. being the inherent powers of this Court. The said section is starting itself with a non-obstante clause (Notwithstanding) therefore, this Court has power to exercise inherent powers where there is miscarriage of justice and abuse of process of law. Non-applicability of Limitation Act and non- providing of limitation period in Cr.P.C. with regard to Section 482 Cr.P.C., the intention of the legislature was not to restrict this Court to use these powers in appropriate cases. Thus, raising the issue of limitation period about Section 482 Cr.P.C. is itself contrary to the intention of legislature and the very section itself. In this regard, judgments relied upon by the respondent no.2 (complainant) are not applicable, as facts and circumstances of those cases are different from the case in hand.[Para No.49
In view of above facts and law discussed, it is the prime duty of the Investigating Agency to do free and fair investigation, thereafter, bring to the notice of the Court all the evidences collected without pick and choose. The Investigating Agency has no power to appreciate the evidence, it rests with Court. [Para No.52]
Delhi High Court
Arvind Kejriwal
Vs.
State Nct Of Delhi
Decided on 21/10/2020