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2022 Supreme(Pat) 637

IN THE HIGH COURT OF JUDICATURE AT PATNA
ASHWANI KUMAR SINGH and SHAILENDRA SINGH, JJ.
CWJC No.5924 of 2019
(29.10.2022)
Om Prakash Kumar ... Petitioner
vs.
State of Bihar & Ors. ... Respondents

Advocates:
For the Petitioner: M/s Om Prakash Kumar (in Person), P.K. Shahi, Surya Nilambari,
For the State : M/s Lalit Kishore, Suraj Deo Yadav.
For the Patna High Court : Mr. Satyabir Bharti.

Headnote:

Constitution of India – Article 226 – Code of Criminal Procedure, 1973 – Section 172(3) – Public Interest Litigation – In present contemporary era of digitization/computerization, Bihar Police is using outdated system of maintaining records in manual form which adversely affects administration of criminal justice – Investigating Officers are not computer literate and cannot type case diary on computer and prepare case diary in digital form – Though defect in investigation by itself cannot be a ground for doubting prosecution case, in such cases, Court has to be circumspect in evaluating evidence – Standard of investigation is a state of concern in many cases – Faulty investigation leads to acquittal and justice becoming a casualty – There is consensus amongst parties that there are shortcomings in investigation of cases which require immediate attention and remedial measures. (Paras 4, 5 and 10)

Code of Criminal Procedure, 1973 – Sections 154 and 173 – Indian Evidence Act, 1872 – Section 65-B (1) – Bihar Police Manual, 1978 – Rule 145 (a) and (b) in Chapter 8 – Constitution of India – Article 226 – Public Interest Litigation – State of Bihar may comply with direction of Supreme Court to look into guidelines for arrest, keeping in view Section 41-A of Cr.P.C, akin to those which have been issued by Delhi Police – Training is an important aspect for improving efficiency of personnel in all lines of work, especially among policemen who have to make quick decisions in life and death situation – Police personnel of all ranks require training at appropriate time in their career – Mere existence of infrastructure for training is not sufficient to address the issue – Latest concepts and practices in subjects as varied as criminology, sociology, cyber security, terrorism studies, criminal justice jurisprudence and organizational behaviour must be incorporated in training schedule – Investigating Officer should also be imparted training on various topics related to proper lifting and packaging of exhibits from place of occurrence as well as on various aspects of rerecording scene of crime through photography/Videography and, thereafter, preparation of sketch map – Requirement under Section 65-B (4) is unnecessary if original document itself is produced – Case diary is not a public document and its secrecy is to be maintained in investigation – There are constraints of man power and physical resources as well as legal limitation because of which digitization of case diary will take time and it is not proper for this Court to fix any time limit for digitization of case diary – Directions issued. (Paras 89, 90, 102 and 103)

Lalita Kumari vs State of U.P., (2014) 2 SCC 1; Dinesh Borthakur Vs. State of Assam, (2008) 5 SCC 697; Sheila Sebastian Vs. R. Jawaharajand, (2018) 7 SSC 581; Sidharth Vs. State of Bihar, (2005)12 SCC 545; Sukhdeo Yadav Vs. State of Bihar, Cr. Misc. No.18237 of 2015; Aghnoo Nagesia Vs. State of Bihar, AIR 1966 SC 119; Arjun Panditrao Khotkar Vs. Kailash Kushanrao Gorantyal, (2020) 7 SCC 1; Prakash Singh Vs. Union of India, (2006) 8 SCC 1; Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 – Relied.

Ashwani Kumar Singh, J.—The present writ petition in the nature of Public Interest Litigation (for short ‘PIL’) has been filed by the petitioner for commanding the respondents to ensure that day-to-day investigation of any criminal case carried out by the officers of Bihar Police and the entries thereof transcripted in the police case diary should be maintained in a digital form so as to provide better aid in dispensation as well as in the administration of justice.

2. The petitioner, a practicing advocate of this Court, has appeared in person. He submitted that in the present contemporary era of digitization/computerization, the Bihar Police is using the outdated system of maintaining the records in manual form which adversely affects the administration of criminal justice. He contended that the case diary is an important piece of document wherein day to day proceedings of investigation is maintained by the Investigating Officer investigating a criminal case. Since it is maintained by the officers of Bihar Police in a hand written form, it has been noticed many a times that case diary maintained by the Investigating Officer is not legible and thereby it causes difficulty in the administration of justice. Since the police officer who investigates a criminal case either fully or partly is entitled to look into the case diary containing the details of the investigation and refresh his memory while deposing as a witness before the trial court, in case it is not legible, he will not be able to understand the case and depose before court especially given the fact that trial in a criminal case takes years to complete. He further contended that the police case diary should be prepared in a digital form instead of hand written so as to facilitate the dispensation of justice. He contended that States like Punjab and Haryana keeping in view the relevancy of such method adopted the system which requires the maintenance of case diary in a digital form and to the best of the knowledge of the petitioner the same is maintained by the National Informatics Centre. He further contended that he had represented through email on 18.12.2018 before all respondents with a request that every SHO of Police Station be directed to prepare the case diary in a digital form, but, none paid any heed to on his representation except Superintendent of Police, Katihar. He further contended that though digitization appears to be a difficult job, once the same is done, it would be beneficial in the administration of justice.

3. In the counter affidavit, respondent nos. 3, 4 and 6 admitted that many a times, the case diary maintained by the Investigating Officer is not legible. They admitted that the reliefs sought by the petitioner is acceptable in principle. However, their contention is that there are many problems and challenges in digitization of the case diary. In Writ Petition (Crl) No. 68 of 2016, the Supreme Court by its order dated 07.09.2016, directed that the copies of the FIRs, unless the offence is sensitive in nature, like sexual offences, offences pertaining to insurgency, terrorism and of that category offences under POCSO Act and such other offences should be uploaded on the police website and if there is no such website on the official website of the State Government within 24 hours of the registration of the FIR so that the accused or any person connected with the same can download the FIR and file appropriate application before the Court as per law for redressal of his grievances. The Court clarified that in case there is a connectivity problem due to geographical location or there is some other unavoidable difficulty, the time can be extended up to 48 hours. It is further stated in the counter affidavit that in the State of Bihar after registration of the FIR it is being uploaded on the website within 24 hours in view of the direction given by the Supreme Court in the aforesaid Writ Petition (Crl) No. 68 of 2016.

4. In the counter affidavit it is

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