The Allahabad High Court has directed Commissioner of Police, Prayagraj to take appropriate action against police sub-inspectors of Meja police station for their gross negligence in an investigation by not recording the statement of eyewitnesses of a suicide.
A single-judge bench of Justice Sanjay Kumar Singh passed this order while hearing a Criminal Misc Bail Application filed by Rajesh Sonkar.
The matter relates to the FIR dated 18.5.2022 (Case Crime No 244 of 2022, under Section 306 IPC, Police Station- Meja, District Allahabad/ Prayagraj) lodged by the informant Akhilesh Sonkar, who is brother of the deceased, with specific averment inter-alia that his nephew is the eye-witness of the incident.
The counsel for the applicant while pressing the bail application of the accused-applicant vehemently urged that fair investigation is also a fundamental right of the accused, which has not been done in the case.
In this regard, he pointed out that the Investigating Officer in collusion with the informant didn’t record the statement of eye-witnesses mentioned in the FIR but submitted a chargesheet against the applicant.
On the Court’s query for not recording of statements of eye-witnesses, it was submitted by the first Investigating Officer SI Harish Chandra that the first information report of the case was lodged on 18.05.2022 and he has recorded the statement of the informant under Section 161 CrPC on 18.05.2022.
The Court noted that he was then transferred on 20.05.2022. The second Investigating Officer SI Jagdish Kumar, who conducted the investigation from 30.06.2022 to 18.09.2022 (from C.D. Nos. II to IV) has not given any cogent reason in his affidavit for non-recording of the statements of eye-witnesses.
The stand of third Investigating Officer SI Govind Ram is that he conducted the investigation from 18.09.2022 to 26.01.2023 (from C.D Nos V to XI).
He submitted before the Court that since the period of conducting the investigation was going to be expire, he without recording the statements of eye-witnesses, submitted a chargesheet on 13.09.2022 against the applicant and investigation with regard to others is pending.
It is also pointed out that after passing the order dated 24.01.2023 by the Court, he has recorded the statements of eye-witnesses, namely, Golu, Monu and Sonu and the same have been recorded in C.D No XI dated 26.01.2023.
Here it is also relevant to mention that eyewitnesses, namely, Monu and Sonu are also present before the Court and they, in presence of all the Investigating Officers, have stated that they have not given such statements which have been recorded by the third/present Investigating Officer of the case in C.D No XI dated 26.01.2023.
The AGA representing the state submitted that Investigating Officers are tendering their unconditional apology and they shall remain careful in future in conducting the investigation but under the facts of the case and considering the conduct of the Investigating Officers, the Court did not find any good ground to accept their apology.
“The Court is of the view that investigation must be fair, impartial, conscious and uninfluenced by any external influences. It is not only the responsibility of the investigating officer but that of Courts to ensure fair investigation, which is one of the essentials of the criminal justice system and an integral facet of rule of law.
After going through the affidavits filed by the Investigating Officers, this Court is not satisfied with their reply and the manner in which investigation has been conducted by them as noted above,” the Court observed.
“In view of the above, the matter is referred to Commissioner of Police, Prayagraj, who will look into the matter and take appropriate action against the erring Investigating Officer(s) by the next date fixed in the matter.
Personal appearance of all the Investigating Officers is hereby exempted. Registrar (Compliance) is directed to communicate the order to the Commissioner of Police, Prayagraj within 48 hours,” the Court ordered.
The Court has fixed the next hearing on February 22, 2022.