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IN THE HIGH COURT OF BOMBAY
Vinay Joshi, M.W. Chandwani, JJ.
Nikhil Ashokrao Waghmare - Appellant
Versus
State of Maharashtra - Respondent
Criminal Application (Apl) No. 1346 of 2023
Decided On : 18-10-2023
INHERENT POWERS - QUASHING OF FIR - IPC SECTIONS 498-A, 306, 34 - The court discussed the inherent powers under Section 482 of the Code of Criminal Procedure, emphasizing the need for a fair and impartial investigation. It highlighted the importance of considering all relevant evidence, including that which may support the accused, to ensure justice. The court referenced key legal principles from previous Supreme Court rulings that stress the obligation of the investigating officer to uncover the truth rather than merely bolster the prosecution's case.
Fact of the Case:
The applicants were accused in a case of cruelty and abetment of suicide following the death of the informant's daughter, who had married one of the applicants. The applicants sought to quash the FIR, arguing that vital documents, including WhatsApp chats, were not being considered by the investigating officer.
Finding of the Court:
The court found that the investigating officer must consider all relevant material, including documents presented by the accused, to ensure a fair investigation. It emphasized that the investigation should not be one-sided and must aim to uncover the truth.
Issues: Whether the court can direct the investigating officer to consider documents submitted by the accused during the investigation phase, and the extent of the court's interference in the investigation process.
Ratio Decidendi: The court held that the investigation must be fair and impartial, and the investigating officer is obligated to consider all evidence, regardless of whether it supports the prosecution or the defense. The court distinguished between the stages of investigation and trial, asserting that relevant material should not be disregarded.
Final Decision: The application was allowed, directing the investigating officer to accept and consider the documents submitted by the applicants, while retaining discretion on their relevance and weight in the investigation.
JUDGMENT/ORDER
1. Heard learned Counsel for the parties.
2. Applicants have been arraigned as accused in Crime No.103/2022 registered with Gittikhadan Police Station, Nagpur, for the offence punishable under Ss. 498-A, 306 read with Sec. 34 of the Indian Penal Code. Accused have invoked the inherent powers of this Court, for quashing of the aforesaid crime. Applicants have also moved this application for directing the police to consider their documents (with Rgd. application dtd. 8/8/2023) during the process of investigation. Precisely it is the contention of applicants that the documents sought to be produced are pivotal in nature, which would assist the investigating officer to arrive at a right conclusion. Rather, it is the contention of applicants that several printouts of WhatsApp chat of deceased would assist the investigating officer to arrive at a conclusion that no case is made out against the applicants to file final report.
3. The learned A.P.P. has put stiff resistance to the application by contending that the documents sought to be produced by applicants/accused are in the nature of probable defence which is a matter of trial. While exercising the inherent powers at the stage of investigation, those documents cannot be entertained. According to the learned A.P.P. directions sought for, amounts to interference in the process of investigation, which is not permissible. In support of resistance, he has relied on some decisions of the Supreme Court.
4. To understand the controversy in a better manner it necessitates us to take a brief resume of the facts of the case. Informant 's daughter got married with applicant no.1 Nikhil on 19/12/2021. Soon after the marriage, she resumed cohabitation at her matrimonial house along with applicants. She was subjected to cruelty to meet unlawful demands. On 20/2/2022, informant 's daughter committed suicide by hanging. On that basis the informant Khushal lodged the report with the concerned police station, who in turn registered the crime for the offence punishable under Ss. 498-A, 306 read with Sec. 34 of the Indian Penal Code.
5. In the wake of said factual background applicants have approached to this Court for quashing of the first information report on account of absence of a prima facie case. Notices were issued to non-applicants on the main application on which they have put their appearance. This Court vide interim order dtd. 27/4/2022 has permitted the investigating agency to go on with the investigation, with a rider that charge sheet shall not be filed without obtaining leave of this Court.
6. In the meantime applicants have filed an application dtd. 8/8/2023 to the police with a request to accept the annexed documents for their consideration which are in the form of printouts of WhatsApp chat. It is submitted that the investigating officer is not inclined to consider those documents, and therefore, this application. In other words, it is urged by the accused that the investigating officer be directed to consider the documents in defence during the course of investigation.
7. The learned Senior Counsel would submit that on proper analysation of these documents, the investigating officer would surely come to the conclusion that no offence is made out. He would submit that the investigating officer is under legal obligation to investigate the matter in unbiased and legal manner. As a part of fair investigation he is bound to consider all the material, irrespective whether it supports the prosecution or otherwise. Learned Senior Counsel has relied on the decision of Supreme Court in case of Karan Singh .vrs. State of Haryana and another - [2013] 12 SCC 529, to contend that the investigation must be free from unobjectionable features or infirmities. The investigation must be entirely impartial and must dispel any suspicion regarding genuineness of the investigation. Particularly emphasis is led on the observations made in paragraph no.16 of the decision that "The investigating off
Important Point:a) A criminal trial cannot be allowed to assume the character of fishing and roving enquiryb) it was the duty of the prosecution to ensure fair trial for both the prosecution and the ....
The main legal point established in the judgment is that the accused's entitlement to seek production of documents under Sec. 91 would ordinarily not come till the stage of defense, and the expressio....
The accused's right to a fair trial, the obligation of the prosecution to make fair disclosure, and the accused's entitlement to relevant documents collected during the investigation were central leg....
Object of Section 294 of Code is to accelerate pace of trial by avoiding time being wasted by parties in recording unnecessary evidence.
Only the prosecution can submit additional documents in a sessions trial; witnesses cannot independently introduce evidence, ensuring trial integrity.
An Investigating Officer's request for document production must be limited to documents in the person's possession, emphasizing legal cooperation in serious investigations like drug trafficking.
Accused entitled to a fair investigation; courts must ensure all relevant materials are considered to preserve rights under Article 21 while addressing charges under IPC and POCSO Act.
Accused must be provided access to all documents necessary for defense to ensure a fair trial.
The court established that police investigations must be conducted with diligence and integrity, and that FIRs based on absurd or malicious allegations can be quashed under Section 482 of the Cr.P.C.
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