UP Police filing chargesheets indiscriminately without due diligence: Allahabad High Court

The Allahabad High Court recently observed that the Uttar Pradesh Police was indiscriminately filing chargesheets in criminal cases without paying due diligence to evidence collection, particularly in the murder cases [Bhudev vs State of UP].Justice Manju Rani Chauhan directed the State Director General of Police (DGP) to intervene and issue comprehensive guidelines to rectify the systemic deficiencies. Such guidelines should emphasise the paramount importance of thorough and impartial investigation and should underscore the need for evidence-based decision making in the filing of chargesheets, the Court said.“The Court has observed a disturbing trend wherein chargesheets are indiscriminately submitted, especially in cases of murder, without due diligence in evidence collection. This lamentable practice not only undermines the sanctity of the legal process but also jeopardizes the fundamental principles of justice and fairness upon which our legal system stands,” Justice Chauhan said..It added that such occurrences had become alarmingly frequent as cases were being treated with an “air of casual convenience” and a diligent pursuit of justice was being turned into a perfunctory exercise of labelling cases as open and shut despite glaring absence of concrete evidence. While calling for DGP’s intervention in the issue, the Court said the authorities must hold the investigating officers accountable for their actions particularly when their negligence or malfeasance leads to the miscarriage of justice.This accountability mechanism serves as a deterrent against the arbitrary exercise of power and reinforces public trust in the integrity of law enforcement agencies, it said further.“In essence, the factual matrix of the case underscores the urgent need for judicial intervention to uphold the principles of justice, ensure procedural fairness, and safeguard the rights of the accused. The forthcoming judgment in this matter must serve as a clarion call for reform, compelling the concerned authorities to uphold the highest standards of integrity and professionalism in the administration of justice,” the Court..In the present case, the Court summoned the investigators and asked them to explain how the murder charge was converted to offence of abetment of suicide. Pertinently, the Court in a similar case on May 15 rejected the explanation of an Investigating Officer regarding filing of chargesheet under Section 306 IPC instead of Section 302 IPC.“A week's further time is granted to Mr. Sunil Tomar, the Investigating Officer of this case to bring the documents of the hospital where the deceased was treated as soon as he sustained burn injuries and was taken for treatment. He will also file personal affidavit of exactly what has happened in the case and as to how he has carried on investigation. He shall also be present before this Court on the next date,” it said in the order..Advocates Jai Raj, Rajendra Kumar Dubey and Santosh Kumar Pandey represented the accused.Advocate Mayank Awasthi represented the State.[Read Orders].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.