Point of Law: Investigations cannot be directed to be carried out in any particular manner nor can the investigation be modulated to suit the convenience of the accused nor can it be at the dictate of the accused or witnesses.

ORDER :

Heard the learned counsel for the petitioners and the learned Additional Government Advocate.

2. The instant petition was initially preferred as a Public Interest Litigation. The matter on being listed before the Bench of the Hon’ble Chief Justice and Companion Judge, after perusing the petition, has been pleased to observe as under:

“The petitioners are the Associations of Jewelers. Therefore, the members of the petitioners are personally interested in the subject matter of this writ petition.

Hence, this petition cannot be treated as a public interest litigation. Treat this petition as an ordinary writ petition under Article 226 of the Constitution of India and shall place the same before the appropriate Bench.”

3. Pursuant to the said order of the PIL Bench, the matter is listed before this Court. The petitioners claim to be three Associations primarily representing the interest of Gems and Jewelry shop owners and the sum and substance of their case is that, in cases of theft and robbery involving the loss of gold, silver and other valuable and precious metals and stones, the Police Officers, more particularly, the Investigating Officers under the first respondent indulge in harassing and meting out unwarranted torture and it is also complained that there are several cases where the Investigating Officers of having in fact seized higher quantity of the precious mettle than that is stated in the complaint. That there have been several such instances and efforts by the petitioners to have them remedied has not paid dividends or rather limited dividends.

4. The learned counsel for the petitioners would invite the attention of the Court to Annexure-D, a Circular dated 19.02.2008, said to have been issued by the Office of the DG & IG of Police, Bengaluru whereby certain instructions have been issued to Investigating Officers and further the authorities namely the Disciplinary Authority has been directed to initiate appropriate disciplinary action against the staff/officer who are in breach of the instructions or indulge in improper steps or contradictory actions. The learned counsel for the petitioners would further invite the attention of the Court to Annexure-E, being the Standard Operating Procedure. A reading of the Standard Operating Procedure issued by the office of the DG & IG of Police dated 06.03.2019 would yet again reveal the imparting of certain instructions by the office of the top most police officer in the State and evidences a slew of instructions or guidelines issued and the same are as follows:

“To completely follow the direction of the Hon’ble Supreme Court during the course of arresting the accused.

While Obtaining voluntary statement of the accused under Section 27 of Indian Evidence Act, videograph has to be done, at the time of obtaining voluntary statement compulsorily to obtain in the presence of the Panchas. To adopt videogrpah in P.F. and to enclose in the Chargesheet and to file the same.

If the accused given statement regarding made theft/robbery/dacoity in the places more than one, to make verification of the places/locations connected compulsorily and after ensured that the act is commissioned to conduct Panchanama of the said place.

Shall collect First Information Reports registered in the said Police Stations relating to the crime cases occurred in the places verified relying on the statement of the accused.

When the accused giving information with regard to those received theft material in such event, to verify from various angles regarding whether he is saying truth and to confirm the same.

The information of the persons received the theft material and voluntary statement given by the accused full information must be brought by the Investigation Office to the notice of the Senior Police Officers.

To make List of the Full Information of theft/stolen ornaments/materials in every first information.

To seize the theft material when the Investigation Officer going alongwith the accused and Panchas compul