Court Quashes Revisional Court's Order, Emphasizing SHO's Duty in Ensuring Fair and Complete Investigations
In a significant ruling, the Rajasthan High Court has underscored the critical role of Station House Officers (SHOs) in supervising police investigations, emphasizing that SHOs must do more than merely forwarding investigation results to the courts. The judgment came in response to a petition filed by Rajendra Prasad, challenging the order of the Additional Sessions Judge, Mundawar, Alwar, which partly quashed charges against a local SHO.
The case dates back to a 2013 incident where the petitioner sustained grievous injuries in a road accident. Despite clear evidence of serious injuries, the investigation led by Head Constable Rajendra Prasad resulted in charges only under Sections 279 and 337 of the Indian Penal Code (IPC), omitting Section 338, which pertains to causing grievous hurt by an act endangering life or personal safety.
Justice Anoop Kumar Dhand, presiding over the case, highlighted the SHO's responsibility to vet evidence and ensure that the charge sheets reflect the full scope of offenses committed. The court found that the SHO, Dharam Singh Meena, failed in his duty to oversee the investigation properly, leading to inadequate charges and depriving the victim of due compensation.
The High Court criticized the Revisional Court for quashing the cognizance against the SHO, asserting that the SHO's passive role in merely forwarding the investigation report without scrutiny amounted to negligence. The judgment reinstates the charges against the SHO under Sections 166 and 167 of the IPC, related to disobedience of law by a public servant.
The court's decision is a reminder to all SHOs in Rajasthan to take an active role in investigations, ensuring they are conducted fairly and judiciously, protecting the rights of both the accused and the victim. The ruling has been communicated to the state's police authorities, directing them to enforce stringent supervision protocols in all investigations.
This landmark judgment reinforces the constitutional rights to fair investigation and trial, as enshrined under Articles 20 and 21 of the Indian Constitution, and serves as a precedent in ensuring accountability within police ranks.
Bottom line:-
The Station House Officer (SHO) is duty-bound to ensure that investigations are conducted fairly, transparently, and in accordance with the law. SHO must supervise and vet the investigation reports before submitting charge sheets to the court, failing which they may be held liable under Sections 166 and 167 IPC.
Statutory provision(s): Criminal Procedure Code, 1973 Sections 173, 482; Indian Penal Code, 1860 Sections 166, 167, 279, 337, 338; Constitution of India Articles 20, 21
Rajendra Prasad v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2942482
