Patna High Court Criticizes ‘Lack of Sensitivity and Scientific Rigor’ in Police Investigation of Kidnapping Case – Order Reinvestigation

In a scathing judgement dated August 30, 2023, Justice Anil Kumar Sinha criticized the local police for their “lack of sensitivity and scientific rigor” in the investigation of a kidnapping case involving a minor. The case, Basantpur Police Station Case No. 194 of 2012, has been under scrutiny for years due to the police’s failure to recover the kidnapped child.

The petitioner had filed a writ application, expressing frustration over the police’s inaction despite multiple FIRs and representations to various authorities. The Court observed that the police had “not taken adequate steps for recovery”.

Justice Sinha pointed out the “lapses in oversight by the Sub-Divisional Police Officer and the Superintendent of Police,” which contributed to the investigation’s inadequacies. The Court also identified “multiple errors in the investigation,” including the incorrect retrieval of Call Detail Records (CDR) and inconsistent assignment of Investigating Officers.

Invoking Supreme Court guidelines, the Court mandated a re-investigation by the Crime Investigation Department of Bihar. “An officer of at least the rank of Superintendent of Police should lead the re-investigation,” the judgement stated .

The Court also ordered a stay on the proceedings in the District Court until the re-investigation is completed and the final report is submitted by the Crime Investigation Department.

The judgement cited the Supreme Court case of Vinay Tyagi v. Irshad Ali Alias Deepak and Others, emphasizing the importance of “fair and proper investigation” in criminal jurisprudence.

Date of Decision: 30-08-2023

MANSUR ALAM vs THE STATE OF BIHAR