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Prayagraj, 26 April (HS). The Allahabad High Court has made serious comments on the charge sheets being filed by the police investigating the crimes along with the investigation process. It has been said that the police investigation is putting judicial impartiality and the legal system at risk. The court expressed the need for the Director General of Police to intervene in such cases and said that necessary steps need to be taken by issuing appropriate guidelines immediately.
Justice Manju Rani Chauhan gave this order simultaneously on the bail application of petitioner Bhudev, who is seeking bail on the FIR registered in the murder case at Shahganj police station in Agra, and Suraj Singh, who is seeking bail on the petition of FIR registered in Shamshabad police station in Farrukhabad. Given during the hearing.
Actually, the FIR in the case was registered under section 302 of the Indian Penal Code, but the investigating officer converted 302 and filed the charge sheet under section 306. The Court said that in both the cases, the evidence presented by the investigating officers did not show whether the deceased had consumed the poison himself or it was given to him by the accused persons. Nowadays it is being seen that the police are filing charge sheets without collecting the necessary evidence on behalf of the investigating officers. This tendency of the police is troubling the courts. The Court termed this as condemnable and said that this practice not only undermines the sanctity of the legal process but also jeopardizes the fundamental principles of justice and fairness on which our legal system is based.
The court said that the investigations currently being conducted by the investigating officers highlight procedural irregularities and improprieties. Due to which it seems that the charge sheet under section 306 of the Indian Penal Code (IPC) has been filed in a hurry, without concrete evidence. The court said that in its jurisdiction, such incidents are becoming increasingly frequent. Charge sheets are being filed in the absence of solid evidence. Therefore, it is imperative for the Director General of Police to intervene in the matter and issue comprehensive guidelines to address these systemic deficiencies.
The Court said that such guidelines need to emphasize the paramount importance of a thorough and impartial investigation, underscoring the need for evidence-based decision-making in filing the chargesheet. Apart from this, it should be up to the officers to hold the investigating officers accountable for their actions. Especially in cases where their negligence or malice leads to failure of justice. This accountability mechanism serves as a deterrent against arbitrary exercise of power and strengthens public confidence in the integrity of law enforcement agencies.
The court, while summoning the investigating officer on both the bail applications, has asked him to give an explanation for the change in the sections and has asked under what circumstances he has made the change in the sections. The court has fixed May 13 as the next date of hearing of the case.