Case Note & Summary
The petitioner, Vaishali Dhage, filed a criminal writ petition before the Bombay High Court at Nagpur, aggrieved by the non-cooperative stance of the police in investigating Crime No.285/2019 registered on her complaint dated 04.08.2019. The crime was registered under Section 498-A read with Section 34 of the Indian Penal Code against her husband and in-laws for domestic violence. The petitioner alleged that the investigation was not being conducted with seriousness and that there was criminal neglect on the part of the Police Station Officer, respondent No.3. She further alleged that the Additional Superintendent of Police, respondent No.6, actively assisted this neglect by transferring the investigation to Police Station Jalgaon Jamod, which was inappropriate. However, the investigation was later sent back to the original police station after recording statements, following the law laid down by the Supreme Court in Rupali Devi v. State of Uttar Pradesh. The court heard the parties, with Ms. Falguni Badani appearing for the petitioner and Mrs. S.M. Kolhe for the state respondents. The court observed that the police had not shown the required seriousness in investigating the crime. It directed the Superintendent of Police, Amravati (Rural), to ensure that the investigation is conducted fairly by a competent police officer, preferably a senior officer from the same police station, and to submit monthly progress reports to the court. The court also warned that any failure to comply would result in the concerned officers being personally present before the court. The petition was disposed of with these directions.
Headnote
A) Criminal Procedure - Investigation - Fair Investigation - Police Inaction - The petitioner alleged non-cooperative stance and criminal neglect by respondent No.3 in investigating Crime No.285/2019 under Section 498-A r/w 34 IPC. The court found that the police had not shown seriousness and directed the Superintendent of Police to ensure fair investigation by a competent officer, with monthly progress reports. (Paras 3-6) B) Criminal Procedure - Transfer of Investigation - Jurisdiction - The Additional Superintendent of Police transferred the crime to another police station, but the court noted that the nature of the crime required investigation at the original station. The court directed that investigation be conducted by a senior officer at the same police station. (Paras 4-6)
Issue of Consideration
Whether the police investigation in Crime No.285/2019 was being conducted with criminal neglect and non-cooperation, and whether the court should direct a fair investigation.
Final Decision
The court directed the Superintendent of Police, Amravati (Rural), to ensure that the investigation in Crime No.285/2019 is conducted fairly by a competent police officer, preferably a senior officer from the same police station, and to submit monthly progress reports to the court. The petition was disposed of.
Law Points
- Investigation must be conducted with seriousness
- Police cannot adopt non-cooperative stance
- Transfer of investigation must be justified
- Court can direct investigation to be conducted by another officer
