Serious Flaws in Investigation Mandate Transfer to Another Agency: Calcutta HC Orders Case Handled by Local Police to be Investigated by Anti Rowdy Section, Kolkata Police
In a significant decision highlighting issues of police negligence and procedural lapses in criminal investigations, the Hon’ble Justice Jay Sengupta of the Calcutta High Court has ordered the transfer of an assault case to the Anti Rowdy Section of the Kolkata Police for a comprehensive re-investigation.
Legal Background and Issues Raised:
The case revolved around a severe assault where the petitioner’s son was brutally attacked with a baseball bat, resulting in grave head injuries. Despite the seriousness of the assault, the local police initially charged the assailants only under Section 307 (Attempt to murder) of the Indian Penal Code (IPC) and notably omitted Section 326 (Voluntarily causing grievous hurt by dangerous weapons). Furthermore, critical procedural steps were overlooked — the victim’s statement was not recorded under Section 164, and crucial evidence like blood-stained clothing was improperly handled.
Court’s Detailed Assessment:
Justice Sengupta sharply criticized the initial handling of the case by local police, outlining multiple failings:
Inadequate Charges: The court noted the inappropriate application of charges, highlighting that the nature of injuries warranted charges under Section 326 IPC from the outset, which could influence judicial decisions such as bail.
Negligence in Evidence Handling: The court pointed out the failure to secure key pieces of evidence and questioned the rationale behind not pursuing charges under Section 201 of IPC against those who disposed of crucial evidence.
Delayed and Incomplete Statements: The delayed recording of statements from the victim and witnesses was seen as a serious procedural flaw impacting the integrity of the investigation.
Systemic Lapses and Possible Influence: The judgment hinted at systemic issues and potential influence affecting the police’s actions, necessitating a shift to a more capable investigative body to ensure fairness.
Decision: Concluding its observations, the court directed that the investigation be immediately transferred to the Anti Rowdy Section, Kolkata Police, and overseen by the Joint Commissioner of Police (Crime). This move aims to rectify the procedural deficiencies and ensure that the investigation concludes swiftly and in compliance with the law.
Date of Decision: May 2, 2024
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