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G. JAYACHANDRAN, M. NIRMAL KUMAR, N. ANAND VENKATESH
T. Balaji – Appellant
Versus
State rep. by The Inspector of Police, New Washermenpet Police Station, Chennai – Respondent
Key Points: - PSO 566 is mandatory for police investigations of case and case-in-counter to avoid conflicting judgments. (!) (!) (!) - Non-compliance with PSO 566 may be remedied by magistrate recalling final reports or High Court under Section 528 BNSS if cognizance is yet to be taken; at advanced stages, non-compliance does not automatically vitiate trial without miscarriage of justice. (!) (!) - Courts must try case and counter-case simultaneously before the same court; guidelines specify procedure for pre-cognizance and post-cognizance phases. (!) (!) (!) (!)
ORDER :
(N. Anand Venkatesh, J.)
The genre of case and counter-case is not a new phenomenon. In Kautilya’s, Arthasastra cases and counter cases were dealt with only in a limited class of cases like robbery, duel etc., where there was a possibility of aggression on both sides. Kautilya said:
Though times have changed since the days of Kautilya, the central focus on the aggressor remains the same. In this reference, we are called upon to examine certain seminal questions relating to a case and counter case and the manner in which Courts and investigation agencies are required to handle them.
2. This Full Bench has been constituted pursuant to an order of the Hon’ble Chief Justice dated 26.03.2024, to answer the following questions of law:
ii. What is the effect of non-compliance with PSO 566? If and in what circumstances does non-
The police must mandatorily follow PSO 566 in investigating case and counter cases, ensuring thorough investigations to avoid conflicting judgments.
A case and its counter case must be investigated by the same Investigating Officer to ensure fairness and prevent conflicting judgments.
Independent trials must proceed without stalling, even if related case and counter case exist; participation in advanced trials weakens claims for abeyance.
Point of Law; even if one case is triable by Magistrate, there is no bar to get it tried along with the counter case triable by Court of Sessions.
The court emphasized the need for a definitive investigation to resolve contradictory accounts in cases involving rival versions of the same incident.
Cases arising from the same incident should be tried together to avoid conflicting judgments and ensure fair trial principles are upheld.
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