Section 304 IPC| Glaring Undue Haste By Investigating Officer Helped Accused: Gujarat HC Directs Action Against Police Inspector
The Gujarat High Court in a bail application has ordered the Secretary, Home Department, Gandhinagar to take necessary steps against the investigating officer holding that his action was unwarranted in a case under Section 304 IPC.
The Court said that the glaring undue haste by the investigating officer helped the accused.
A Single Bench of Justice Samir J. Dave observed, “This action of the Investigating Officer Shri V. J. Jadeja, Police Inspector, University Police Station, Ahmedabad City is unwarranted and he should have to wait for few days more if he has concluded the investigation and also about to file final report. This glaring undue haste seems to help the accused and it is required to be taken very seriously.”
It was noted by the Court that the investigating officer filed a Closure report i.e., the final report under Sections 304, 304A, and 114 of the Indian Penal Code.
The Court further ordered, “The Secretary, Home Department, Gandhinagar and Police Commissioner, Ahmedabad is directed to look into the matter and take necessary steps in the present conduct of Shri V. J. Jadeja, Police Inspector, University Police Station, Ahmedabad.”
Senior Advocate ND Nanavaty represented the applicant while APP MH Bhatt appeared on behalf of the respondent.
In this case, the applicant was arrested for the offence punishable under Sections 304, and 114 of the Indian Penal Code. Thereafter, the investigating officer filed a report based on the material that came on record and statements of the witnesses requesting to delete Section 304 and add Section 304A of the IPC before the concerned Trial Court.
The Sessions Judge rejected the bail application of the applicant on the ground that the sufficient safety articles for the deceased labourer and the applicant had knowledge that the person can die when he fall down from the 14th floor of the building and therefore, prima facie the offence punishable under Section 304 of the IPC is made out and no change of circumstances is found after filing of the charge sheet. The Trial Court in a similar manner rejected the bail application.
The Court after hearing the contentions asserted, “It is pertinent to note that after the deletion report under section 304 of IPC is rejected by the learned trial court on 04.11.2022, on the next day ie., on 05.11.2022, the Investigating Officer has filed “C” summary report qua Section 304 of IPC. The “C” summary report under Section 304 of IPC is rejected by the learned trial court on 11.11.2022.”
Accordingly, the Court rejected the bail application.
Cause Title- Saurabhbhai Kamleshkumar Shah v. State Of Gujarat