Improper case diary maintenance and disclosure of confidential information prompt transfer to Maharashtra CID for fair investigation.
In a significant ruling, the Bombay High Court's Circuit Bench at Kolhapur has ordered a de novo investigation in a case involving serious lapses by the police under the Protection of Children from Sexual Offences Act (POCSO) and Bharatiya Nyaya Sanhita, 2023. The case pertains to FIR No. 317 of 2025 lodged at Khed Police Station, District Ratnagiri, involving offenses under the Bharatiya Nyaya Sanhita and the POCSO Act. The investigation will now be conducted by the State Criminal Investigation Department (CID) of Maharashtra.
Presided over by Justices Mrs. Vrushali V. Joshi and Sandesh D. Patil, the bench was appalled by the inadequacies in the investigation process, highlighting a lack of proper case diary maintenance as required under Section 192 of the Bharatiya Nagrik Suraksha Sanhita, 2023. The investigation was criticized for disclosing confidential information contrary to the POCSO Act's provisions, and the initial officer's handling was deemed severely deficient.
The Court noted that the police's failure to maintain a detailed and accurate case diary not only undermined the transparency and fairness of the investigation but also jeopardized the accused's right to a fair trial. This ruling aligns with the Apex Court's emphasis on the importance of meticulous documentation in investigations to uphold justice, as seen in past cases like Manoj v. State of Madhya Pradesh.
The High Court expressed dissatisfaction with the explanations provided by the Superintendent of Police, Ratnagiri, and ordered the transfer of investigation to ensure impartiality and justice. The Additional Director General of Police, State CID, is tasked with overseeing the investigation.
In its judgment, the Court underscored that the power to transfer investigations is exercised sparingly and with caution, but the circumstances of this case necessitated such action. The ruling aims to restore public confidence in the judicial process and ensure that justice is served without bias or influence.
The matter is scheduled for further consideration on July 21, 2026, with directives for the Superintendent of Police to forward all relevant documents to the State CID.
Bottom line:-
Investigation under Bharatiya Nyaya Sanhita, 2023 and POCSO Act - Improper investigation by police leading to lack of fair process - Case transferred to independent agency for de novo investigation - Importance of maintaining case diary under Section 192 of Bharatiya Nagrik Suraksha Sanhita, 2023 emphasized.
Statutory provision(s):
Bharatiya Nyaya Sanhita, 2023 Sections 64(2)(i), 65(1), 74, 351(3); Protection of Children from Sexual Offences Act, 2012 Sections 4, 8, 17; Bharatiya Nagrik Suraksha Sanhita, 2023 Section 192; Criminal Procedure Code, 1973 Section 172; Constitution of India Article 226; Criminal Procedure Code, 1973 Section 482.
XYZ v. State of Maharashtra, (Bombay)(Circuit Bench At Kolhapur)(DB) : Law Finder Doc id # 2944615
