Supreme Court: High Courts can't set deadlines for charge sheets or trial completion

Can High Courts order police to file charge sheets within a specific deadline?

No. The Supreme Court has ruled that High Courts cannot issue directions for filing charge sheets or completing investigations and trials within a particular time frame, except in extreme cases. Such orders take away the discretion of the investigating agency and can affect fair trial.

What discretion do investigating officers have?

Filing of a charge sheet necessarily has to be preceded by formation of a positive opinion by the officer investigating the crime that materials collected warrant placing the accused for trial. If the opinion is negative, the officer has discretion to recommend closure citing it to be a case of mistake of fact or otherwise.

What happens if courts set trial deadlines without knowing case status?

If the High Court directs that charge sheets should be filed upon conclusion of investigation or that a trial should be concluded within a particular time frame without even attempting to ascertain the stage the trial has reached, the consequence could be far-reaching. The concept of fair trial could be rendered a casualty.

What was the Savukku Shankar case about?

YouTuber A Shankar alias Savukku Shankar approached the Madras High Court claiming false cases were being foisted on him by the Commissioner of Police, Chennai and investigation was being conducted in a premeditated manner to frame him. He sought intervention to prevent such abuse of power.

What did the Madras High Court order?

The High Court found Shankar figured as accused in 37 cases. Charge sheets had been filed in 24 cases where he was facing prosecution. In the remaining 13 cases, investigation was in progress. The High Court directed police to file charge sheets in the remaining 13 cases within four months. It also directed to expedite trial in the 24 cases and dispose of them within six months.

Why did the Supreme Court disapprove this order?

The Supreme Court said the observations placed Shankar in a worse-off condition for having approached the writ court. The bench was taken aback by the direction for filing charge sheets by the investigating agency against him. Such directions amount to improper exercise of writ jurisdiction.

What is the proper investigation procedure?

The investigating officer has to investigate a crime by proceeding to the spot, ascertaining facts and circumstances, discovering and arresting the suspected offender, collecting evidence by examining persons and searching places, and then forming an opinion on whether collected material warrants placing the accused before a magistrate for trial.

Who decides whether to file a charge sheet?

The final and decisive step in investigation, namely formation of an opinion as to whether or not there exists a case to place the accused on trial, must be taken by the officer in charge of the police station. The statute contains no provision permitting delegation of this function. It merely authorizes superior officers to exercise supervision over investigation.

When can courts intervene in ongoing investigations?

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. Even then, only in rare cases can a writ court intervene to halt investigation.

What did the Supreme Court order?

The court held the Madras High Court's directions for filing charge sheets and completing trials within fixed time frames as absolutely unwarranted and uncalled for and directed their deletion. Any step taken by investigating officers in terms of these directions shall be of no effect. Charge sheets filed after the impugned order was passed shall stand set aside.

What is the current position?

In cases where investigations are pending, investigating officers would act uninfluenced by any observations of the High Court. Trial courts would also be free to proceed in accordance with law to conclude trials. The investigating officers have liberty to proceed in accordance with law and form their own opinion as to necessity of filing charge sheets based on materials collected.

Case details: A Shankar @ Savukku Shankar vs The Secretary to Government & Ors, decided by a bench of Justices Dipankar Datta and Satish Chandra Sharma on January 16, 2026