'Raises Suspicion': Delhi HC Expresses Alarm Over Missing Case Diaries From Police Record In Murder Investigation

While dealing with the bail plea of a murder accused, the Delhi High Court was shocked to note that certain case diaries were missing from Police records.Justice Girish Kathpalia, while perusing the Case Diary no. 39 of the present case noted that Case Diaries were maintained till Diary No.19 (27.02.2025). Thereafter however, the next Case Diary was numbered 39 (28.02.2025) and thereafter, the Case Diaries numbers were 42, and then 44 onwards. On being asked about the missing Case Diaries, the Investigating Officer stated that those Case Diaries “might have got destroyed or removed”.“This completely takes away sanctity of not just these Case Diaries but also raises suspicion against genuineness of the investigation,” the Court remarked.The Court was perusing the Case diaries as the column of reasons of arrest in the arrest memo of the accused/applicant was blank.The IO had submitted that the grounds of arrest were provided to the accused separately in writing and this was recorded in the Case Diary, which was stated to be initialled by the Magistrate.It is in this backdrop that the High Court came across the discrepancy in maintenance of case diaries. It further noted that only this Case Diary bore the purported initial of the Magistrate (without name/ stamp) and Case Diary of no other date bore such initials.“It is extremely unfortunate that even in a murder case such shoddy investigation has been carried out,” the Court thus remarked.It eventually ordered the Petitioner-accused be released on bail subject to furnishing a personal bond in the sum of Rs.10,000/- with one surety in the like amount.Appearance: Mr. Kaushal Yadav, Advocate for Petitioner; Ms. Manjeet Arya, APP for State with IO/Inspector Pardeep Kumar, PS Harsh ViharCase title: Banti Kumar Mathur v. The State Of Nct Of DelhiCitation: 2025 LiveLaw (Del) 828Case no.: BAIL APPLN. 2175/2025Click here to read order

'Raises Suspicion': Delhi HC Expresses Alarm Over Missing Case Diaries From Police Record In Murder Investigation

Kapil Dhyani

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