Accused Can't Be Made To Sit At Police Station All Day Without Concrete Evidence: Rajasthan High Court Asks SP To Monitor 5-Yr Murder Probe

While considering a plea to quash a murder FIR, Rajasthan High Court directed Dausa Superintendent of Police to monitor the investigation pending for over 5 years and to ensure that the accused persons were not harassed unnecessarily on the pretext of being required for interrogation, unless there was certain evidence against them.The bench of Justice Anoop Kumar Dhand held that investigating officer could not be allowed to call the accused person at the police station and compel them to remain there from morning to evening, without being sure of presence of any concrete evidence against them."The Superintendent of Police, Dausa is directed to monitor the investigation and ensure that the petitioners are not harassed unnecessarily only on the pretext that there presence is required for interrogation, unless and until there is certain amount of specific evidence against them. In case, interrogation of the petitioners is required, then the Investigating Officer is granted liberty to interrogate the same, but he cannot be allowed in any case to call the accused persons at the Police Station and compel them to remain there from morning to evening, without being sure about any concrete evidence against them".The Court further held that investigating officer could not be allowed to keep investigation pending for an indefinite period of time, and was expected to complete it and submit the report, as per the provisions under CrPC.Complainant filed a complaint before the magistrate wherein allegations have been levelled against the accused persons with regard to the alleged incident of murder of the deceased. Thereafter, the Magistrate sent the matter for investigation under Section 156(3) Cr.P.C. to the Police Station Kolwa, District Dausa, where upon the impugned FIR No.109/2021 was registered for the offences punishable under sections 365 and 302 IPC on 02.08.2021.For context, the Court was hearing two cross petitions filed by both the accused and the complainant. The petition was filed by the complainants seeking directions to the Investigating Officer for conducting fair and impartial investigation in the FIR which was pending for over 5 years.On the contrary, the accused persons filed the petitioner seeking quashing of the FIR against them and alleging that there was no evidence to connect them with the alleged offence. It was submitted that despite there being no evidence, they were compelled to sit in the police station for the entire day from morning till evening, which made them feel humiliated.The IO submitted before the court that as per the evidence collected so far, the deceased was last seen in the company of the accused persons. An application was submitted by him for conducting a Polygraph Test of the accused Gangasahay and Sangeeta before the Court of Judicial Magistrate, Bandikui on 17.10.2022, but the said application has been rejected by the Magistrate vide order dated 20.10.2022 on the pretext that both these accused persons have not given their consent for the aforesaid Polygraph Test. The IO said that thus their Polygraph Test cannot be conducted. He further submitted that he needs some more time to conclude the investigation and submit the conclusion report before the concerned Court expeditiouslyAfter hearing the contentions, the Court observed, “This Court is not satisfied with the investigation conducted so far by the Investigating Officer. More than five years have passed after registration of the impugned FIR. The Investigating Officer cannot be allowed to keep the investigation pending for an indefinite period and for infinite time. He is supposed to conduct and complete the investigation expeditiously, in terms of the provisions contained under the Code of Criminal Procedure. He is also supposed to submit the conclusion report of investigation either by way of submitting charge-sheet or Final Report (Negative) under Section 173 Cr.P.C. This Court hopes, trusts and believes that the InvestigatingOfficer would conclude the investigation expeditiously and submit the conclusion report before the Court concerned, in terms of Section 173 Cr.P.C”Furthermore, the Court directed the SP to monitor the investigation such that the accused persons were not harassed. Accordingly, the petitions were disposed of. Title: Gangasahay & Ors. v State of Rajasthan & Anr, and other connected petitionCitation: 2026 LiveLaw (Raj) 222Click Here To Read/Download Order

Accused Can't Be Made To Sit At Police Station All Day Without Concrete Evidence: Rajasthan High Court Asks SP To Monitor 5-Yr Murder Probe

Nupur Agrawal

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Nupur Agrawal

Accused Can't Be Made To Sit At Police Station All Day Without Concrete Evidence: Rajasthan High Court Asks SP To Monitor 5-Yr Murder Probe

Nupur Agrawal

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Nupur Agrawal

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