Case Note & Summary
The petitioner, Manojkumar Parasnath Singh, filed a writ petition before the Bombay High Court seeking directions for further investigation into FIR No. I84/2012 registered at Manor Police Station, Thane, for offences including Section 395 IPC (dacoity). The petitioner alleged that the investigating officer (IO), respondent No. 3, showed bias by initially refusing to register the FIR and later moving an application before the Magistrate on 28 June 2012 to delete Section 395 IPC from the FIR, even before completing the investigation. The IO claimed there was no evidence of dacoity. The petitioner also sought transfer of investigation to an independent agency and departmental action against the IO. The court observed that the FIR was registered only after superior authority intervened, indicating initial resistance. The IO's application to delete Section 395 IPC was made prematurely and without legal basis, demonstrating a predetermined approach to shield the accused. The court set aside the Magistrate's order deleting Section 395 IPC, directed the Superintendent of Police to entrust further investigation to an officer not below the rank of Deputy Superintendent of Police, and ordered a departmental inquiry against the IO. The petition was disposed of with these directions.
Headnote
A) Criminal Procedure Code - Investigation - Bias of Investigating Officer - Section 156, 173 CrPC - Investigating Officer moved application before Magistrate to delete Section 395 IPC from FIR without completing investigation, showing predetermined approach - Court held that such action is without legal sanction and vitiates investigation - Directed further investigation by independent agency (Paras 3-6). B) Indian Penal Code - Dacoity - Section 395 IPC - FIR initially included Section 395 IPC based on complaint - Investigating Officer sought deletion on ground of no evidence, but investigation was incomplete - Court restored Section 395 IPC and ordered further investigation (Paras 3-5).
Issue of Consideration
Whether the investigating officer's application to delete Section 395 IPC from FIR was lawful and whether further investigation by an independent agency is warranted
Final Decision
The court set aside the order of the Magistrate deleting Section 395 IPC from the FIR. Directed the Superintendent of Police, Thane Rural, to entrust further investigation to an officer not below the rank of Deputy Superintendent of Police, who shall conduct investigation independently and submit a report. Also directed the Superintendent of Police to initiate departmental inquiry against respondent No. 3 for his conduct. Petition disposed of.
Law Points
- Investigation must be impartial
- Police cannot delete offences from FIR without proper procedure
- Magistrate's order deleting Section 395 IPC set aside
