Case Note & Summary
The petitioners, Baban @ Kisan S/o Patilba Kawad and Muktar Shamir Inamdar, filed a criminal writ petition before the Bombay High Court at Aurangabad seeking a direction to register a crime against respondent No.5, Anand Bhoite, a Deputy Superintendent of Police, and other police officers. The petitioners alleged that respondent No.5 fabricated false records of statements under Section 161 of the Code of Criminal Procedure, 1973 (CrPC) of two witnesses who were not available on the dates the statements were purportedly recorded. One witness was dead and another was out of the country. These statements were included in the charge sheet filed in a criminal case against the petitioners. Subsequently, the prosecution admitted that due to oversight, those statements were shown in the list but were not actually recorded. The petitioners sought a direction to the respondents to register a crime against respondent No.5 for creating false evidence. The court, after hearing the parties, observed that the fabrication of statements under Section 161 CrPC amounts to an offence under Section 193 of the Indian Penal Code, 1860 (IPC) for fabricating false evidence. The court noted that the police officer's conduct undermined the integrity of the investigation. The court directed the Superintendent of Police, Ahmednagar, to register a crime against respondent No.5 and investigate the matter. The court also directed that the investigation be conducted by an officer not below the rank of Deputy Superintendent of Police, preferably from a different district, to ensure impartiality. The petition was disposed of with these directions.
Headnote
A) Criminal Procedure Code - Fabrication of Evidence - Section 161 CrPC, Section 193 IPC - Direction to Register Crime - Petitioners alleged that respondent No.5, a Deputy Superintendent of Police, created false records of statements under Section 161 CrPC of two witnesses who were dead or out of country on the dates shown. The court held that such fabrication amounts to an offence under Section 193 IPC and directed the police to register a crime and investigate against respondent No.5. (Paras 2-5) B) Criminal Procedure Code - Power of Court - Section 156(3) CrPC - The court, in exercise of its inherent powers under Article 226 of the Constitution, can direct registration of an FIR when there is credible material showing commission of a cognizable offence, especially involving police misconduct. (Para 5)
Issue of Consideration
Whether the court can direct registration of a crime against a police officer for allegedly fabricating witness statements under Section 161 CrPC when the witnesses were not available on the dates of recording.
Final Decision
The court directed the Superintendent of Police, Ahmednagar, to register a crime against respondent No.5 (Anand Bhoite) under Section 193 IPC and other applicable provisions, and to investigate the matter by an officer not below the rank of Deputy Superintendent of Police, preferably from a different district. The petition was disposed of.
Law Points
- Fabrication of evidence under Section 193 IPC
- Recording of false statements under Section 161 CrPC
- Duty of police to maintain integrity of investigation
- Court's power to direct registration of FIR under Section 156(3) CrPC
