Nagpur: According to a recent ruling by the Nagpur Bench of the Bombay High Court, the Magistrate or court does not have the power to interfere in investigations. The court clarified that the Investigation Officer (IO) can continue with their probe even if the court has issued contrary orders.
“The IO is required to independently apply their mind to the statement recorded under Section 164 of CrPC and its evidentiary value. The investigation is a tool to uncover the commission of an offense, and the officer has been given the prerogative to conduct a fair investigation by law. The investigation is a tool to go to the root of the matter and unearth the commission of offence,” Justice Govinda Sanap said.
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Sat 21 Dec. 2024
The case in question involves petitioner Mahesh Kumar Goyal, who was accused of creating a forged Non-Agriculture (NA) order along with others, using a rubber stamp and Collector’s signatures. The IO conducted an investigation and confirmed the complicity of seven accused, including Goyal. In 2018, the IO filed an application stating that the evidence against Goyal was deficient and that he should be discharged from the case. However, the Magistrate issued a notice to the complainant Tehsildar to file his say, which remained pending for over four years.
A new IO took over in 2022 and made an application before the magistrate that the probe was not conducted fairly. The IO demanded a reinvestigation and filing of a supplementary chargesheet, which was granted. Goyal approached the High Court, contending that the officer had not considered the earlier application by his predecessor for discharging him. The High Court set aside the magistrate’s order, stating that it was contrary to the provisions of law.
Overall, this ruling clarifies that the IO has the power to conduct a fair investigation independently and that the court cannot interfere in the investigation process. The ruling emphasizes the importance of conducting a thorough investigation to uncover the commission of offenses.
