
New Delhi: The court has power to monitor and supervise the investigation, so as to ensure that the investigation is carried out fairly and impartially," a Delhi Court observed while deciding a bail plea of an accused Faheem in a case of theft, sexual assault and criminal intimidation. "Even if the investigation is prerogative of the investigation agency, the IO as well as his senior officers including the DCP and above rank police officers should keep in mind that this discretion is not absolute," Additional Session Judge Atul Krishna Agrawal said, adding that the investigation agency cannot act as per their whims and fancies and the courts have ample power to check the misuse or abuse of the power by the investigation agencies.