Case Note & Summary
The petitioner, a retired police officer, filed a writ petition seeking a fair investigation into a complaint regarding appointments by the Maharashtra Public Service Commission. The FIR did not initially name the petitioner as an accused, but his name appeared as a suspect in the sixth charge-sheet. The investigating officer, respondent No.1, filed an intervention application alleging that the petitioner and the State had leveled mala fide allegations against him. During the hearing, the petitioner's senior counsel, Mr. Mahesh Jethmalani, stated that the petitioner withdrew all allegations of mala fide against respondent No.1. The court accepted this statement. The learned APP submitted that the investigation was complete and that respondent No.1 was no longer the investigating officer. The court, noting the withdrawal of allegations and the completion of investigation, allowed the petition without further directions, as the matter had become infructuous.
Headnote
A) Criminal Procedure - Fair Investigation - Section 173(8) CrPC - Petitioner sought fair investigation in a case where his name was added as suspect in sixth charge-sheet - Court allowed petition after petitioner withdrew allegations of mala fide against investigating officer - Held that investigation must be conducted fairly and without bias (Paras 1-3).
Issue of Consideration
Whether the petitioner is entitled to a fair investigation and whether allegations of mala fide against the investigating officer should be considered.
Final Decision
Petition allowed. The court accepted the petitioner's withdrawal of mala fide allegations and noted that the investigation is complete. No further directions were issued.
Law Points
- Right to fair investigation
- Section 173(8) CrPC
- withdrawal of allegations
- intervention application
Case Details
2011 LawText (BOM) (04) 73
Criminal Writ Petition No. 3143 of 2009
Mr. Mahesh Jethmalani, Sr. Counsel i/b D. D. Tiwari, for the Petitioner; Mr. Sudhakar B. Pujari, Respondent No.1, in person; Dr. F. R. Shaikh, APP, for the Respondent-State
Sudhakar B. Pujari, The State of Maharashtra, The Director General, Anti Corruption Bureau, Maharashtra
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal writ petition seeking fair investigation
Remedy Sought
Petitioner sought a fair investigation into a complaint regarding MPSC appointments
Filing Reason
Petitioner's name was added as a suspect in the sixth charge-sheet despite not being named in the FIR
Previous Decisions
Division Bench of Bombay High Court delivered judgment on 24 January 2011 with difference of opinion; matter referred to third judge
Issues
Whether the petitioner is entitled to a fair investigation free from bias
Whether allegations of mala fide against the investigating officer are sustainable
Submissions/Arguments
Petitioner's senior counsel withdrew all allegations of mala fide against respondent No.1
Respondent No.1 argued that mala fide allegations were leveled against him
APP submitted that investigation is complete and respondent No.1 is no longer investigating officer
Ratio Decidendi
The court held that since the petitioner withdrew allegations of mala fide and the investigation was completed, the petition could be allowed without further directions.
Judgment Excerpts
The learned senior counsel Mr. Jethmalani, after taking instructions from his client who is present in the Court, submits that the petitioner does not wish to make any allegations of mala fide against respondent No.1 in this petition and if any such allegations are made in this petition, the same shall stand withdrawn.
The learned APP, however, after taking instructions submits that investigation is over. He also submits that respondent No.1 is no longer an Investigating Officer of the said crime.
Procedural History
The petition was initially heard by a Division Bench comprising Justice A.M. Khanwilkar and Justice A.P. Bhangale, who delivered a judgment on 24 January 2011 with a difference of opinion. The matter was then referred to a third judge (V.M. Kanade J.) by the Hon'ble Chief Justice.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 173(8)
