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'Inefficient, Ignorant Of Basic Common Sense': Madhya Pradesh High Court Orders Inquiry Against Police Officer For Investigating In Wrong Direction

Zeeshan Thomas
7 March 2022 7:15 AM GMT
Inefficient, Ignorant Of Basic Common Sense: Madhya Pradesh High Court Orders Inquiry Against Police Officer For Investigating In Wrong Direction
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The Madhya Pradesh High Court recently directed the Director General Of Police to seek explanation from an Investigating Officer, for 'wasting his time and resources in a wrong direction', while investigating a case. Justice Vivek Agarwal was dealing with a bail application moved by the Applicant accused for offences punishable under Section 363, 366A, 376(2)(n) IPC and also under...

The Madhya Pradesh High Court recently directed the Director General Of Police to seek explanation from an Investigating Officer, for 'wasting his time and resources in a wrong direction', while investigating a case.

Justice Vivek Agarwal was dealing with a bail application moved by the Applicant accused for offences punishable under Section 363, 366A, 376(2)(n) IPC and also under Section 5, 6 of POCSO Act.

The Applicant submitted that the Prosecutrix in her statement under Section 164 CrPC had clearly mentioned that she has studied up to 10th standard. She had further stated that her parents wanted to marry her somewhere else and she was against that marriage, and therefore, she had moved out of her house along with the Applicant. She had also specified in her statement that the Applicant had not established any physical relationship with her. Therefore, the Applicant prayed before the Court to be enlarged on bail.

Per contra, the State opposed the application and submitted that the SHO concerned, had tried to collect records of the Prosecutrix from the first school, which she had attended, but it was found to be closed. It was further submitted that the Officer had written a letter to the Headmaster of the said school but her records could not be retained.

The Court observed that despite the Prosecutrix categorically mentioning that she has studied till 10th Standard, the Officer was looking for her previous school's records rather than retrieving her records available with the school from where she passed her 10th standard-

Prosecutrix, in her statement under Section 164 of Cr.P.C., in her first sentence, has mentioned that she studied upto 10th Class. I.O. of the case, instead of approaching the school from where prosecutrix had passed 10th Class examination, was trying to dig roots where prosecutrix had taken admission in KG- I. This clearly indicates that Investigation Officer is not trained to conduct investigation. It also indicates lack of proficiency.

The Court directed the D.G.P. of the State to look into the matter and take action-

Let DGP, Madhya Pradesh, take action against concerned I.O. as they are not only inefficient, but, many a times are ignorant of basic common sense required to conduct investigation as is made out from the statement given by Shri Amit Mishra, learned Panel Lawyer.

Let copy of this order be sent to Director General Of Police to seek explanation from Superintendent of Police, Shahdol as to who was appointed as I.O. in the matter of Crime No.893/2021 and why he was wasting his time and resources in a wrong direction without taking into consideration a fact that prosecutrix in her statement under Section 164 of Cr.P.C. has clearly mentioned that she had studied up to 10th Class.

With regard to the bail application, the Court allowed the same.

Case Title: HIMANSHU @ MINTU DAY v. THE STATE OF MADHYA PRADESH

Citation: 2022 LiveLaw (MP) 63

Click Here To Read/Download Order


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