Fair probe imperative not only for victim but for every citizen's fundamental right: SC

The Supreme Court has said that a fair investigation of a crime is undoubtedly imperative because it protects not only the rights of the victim but also the fundamental rights of every citizen.

A bench of Justices Ajay Rastogi and Bela M Trivedi expressed dissatisfaction over the investigation conducted into the death of a 17-year-old boy, Mohd Faisal in Uttar Pradesh’s Unnao district.

The court handed over the probe to the Inspector General of Police on a complaint by his mother alleging brutal murder in police custody on May 21, 2021, at Bangermau police station.

Going through the statements recorded by the investigating officer during the investigation of various police officers under Section 161 of the Criminal Procedure Code, the bench pointed out, “No one has supported the case of the prosecution, but still the charge sheet was filed under Section 304 IPC and the Sessions Judge has framed charges later under Section 302/34 IPC”.

The boy, the vegetable seller, was allegedly assaulted in police custody for violating coronavirus restrictions in the state.

The bench noted that fair investigation is the backbone of the criminal justice system and the object of the probe is to search for the truth so that it would help in meeting the ends of justice by way of a fair trial in court.

The bench said it has an option either to send the matter to the CBI for further re-investigation, but after it heard counsel for the parties, it asked Bhagwan Swarup, Inspector General of Police, Intelligence, HQ, Lucknow to personally undertake further investigation. It asked the officer to file a report within eight weeks and put the matter for consideration on July 19.

The matter before the top court arose out of a decision by the Allahabad High Court which had disposed of the matter, noting the charge sheet has been filed in the matter and the prosecution, if necessary, may summon additional accused under Section 319 of the Criminal Procedure Code.

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