In a recent legal development, a court has set aside a closure report and ordered a fresh investigation in a high-profile case. The court’s emphasis on a thorough and meticulous investigation to ensure justice highlights the importance of diligent legal analysis. Stay tuned for more insights on this significant legal decision.
Facts
- The Court directed that the investigation must be completed within two months and the final report be filed.
- The husband of the petitioner raised concerns in the High Court regarding the slow progress and suspicions in the investigation.
- The High Court disposed of the petition on 24.02.2020, directing the Investigating Officer to file the result of the investigation.
- When no progress was made, the petitioner filed the instant writ petition on 20 May, 2020.
- No investigation has been done regarding mobile locations available in the vicinity at the time of the occurrence.
- There should be visuals in the CCTV footage at the gate if the deceased left the hostel premises alone at 10:30 P.M.
- Petitioner, through her lawyer, wrote to the Director General of Police highlighting deficiencies in the investigation
- The deficiencies were not taken into consideration before submitting the closure report
- The investigation remains incomplete as important aspects have not been properly looked into
Also Read: Ensuring Fair and Thorough Police Investigations: A Legal Perspective
Arguments
- The petitioner, the mother of the deceased, seeks justice for her son’s homicidal death
- The FIR was registered after much persuasion and the investigation by the State Police has reached a dead end
- The caretaker of the warehouse near the place of occurrence has not been examined, with the excuse of him being deaf being deemed preposterous
- The closure report filed by the investigating officer is unsatisfactory and has raised more questions than it has answered
- The railway authorities confirmed that several trains crossed the track where the body was found without incident being reported
- The deceased was last seen with friends at a restaurant, but the circumstances of his murder remain unclear
- The petitioner seeks the transfer of the investigation to the Central Bureau of Investigation due to the nature of the injuries on the deceased’s body
- The police did not seal the crime scene or conduct a thorough investigation including examining relevant witnesses, CCTV footage, and mobile data
- No deficiency in the investigation
- All possibilities have been investigated
- Necessary evidence collected and analyzed
- Offenders could not be traced or found despite best efforts
- Large number of witnesses examined by the Special Investigation Team
- Inquest proceedings under Section 174 of the Code of Criminal Procedure initiated promptly
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Analysis
- Deficient nature and manner of investigation highlighted by the petitioner
- Court can constitute Special Investigation Team in appropriate cases
- Investigation should focus on physical evidence and witnesses rather than informers and custodial interrogation
- The closure report is considered hasty and lacking in detail
- The investigation remained inconclusive for nearly three years
- The deceased had serious injuries which were found to be ante mortem in nature
- It is crucial to ensure impartial and truthful investigation
- Inquest proceedings remained inconclusive and are now deemed to be closed
- The death was initially considered accidental or suicidal, but later acknowledged as homicidal with no clear suspects
- The High Court’s approach to the case was criticized for not addressing suspicions or biases
- Courts have a duty to ensure fair, transparent, and judicious investigations to prevent the misuse of authority by the State or its men.
- Exceptional circumstances may warrant a de novo investigation to prevent the miscarriage of justice.
- If deficiencies are perceived in the investigation, courts must address them firmly within the legal framework.
- The power to order fresh investigations can be exercised when the initial investigation is deemed improper or biased.
- The victim should not be treated as a stranger in a criminal trial.
- A fair investigation is a constitutional right under Articles 20 and 21.
- Investigative agencies must stick to the truth and be meticulous to uphold the integrity of their findings.
- The incorporation of scientific methods enhances the efficiency of criminal investigations.
- The power to order fresh investigations can be exercised even after the commencement of a trial.
- The State has a responsibility to uphold human rights and ensure justice for all citizens.
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Decision
- Closure report set aside, de novo investigation ordered
- Fresh team of investigators to be led by senior police officer
- Investigators must be proficient in modern investigation technology
- No officers from previous investigating team to be part of the new team
- Fresh investigation to be completed within two months
- Police report to be filed after investigation
- Urgency in the matter emphasized
Case Title: NEETU KUMAR NAGAICH Vs. THE STATE OF RAJASTHAN (2020 INSC 549)
Case Number: W.P.(Crl.) No.-000141 / 2020
