Court Commends SSP Jhansi for Recovery but Flags Systemic Failures in Criminal Investigations
In a significant judgment, the Allahabad High Court has voiced serious concerns over the investigation process conducted by the police in a case involving the alleged illegal custody of a minor girl. The court, presided over by Justice Vinod Diwakar, highlighted deficiencies in the charge-sheet submitted by the police and criticized the systemic non-compliance with judicial directions aimed at improving investigative standards.
The case, titled Megha Raikwar v. State of U.P., revolved around a habeas corpus petition filed by the mother of a 15-year-old girl, seeking her recovery from alleged illegal custody. Despite efforts by the petitioner and previous judicial directions in similar cases, the court observed lapses in the police's investigative methods.
Justice Diwakar directed the Senior Superintendent of Police (SSP) Jhansi to file an affidavit explaining the investigative lapses and compliance with earlier directions issued in the case of Subhash Chandra & Others v. State of U.P. & Another, which emphasized police reforms and prosecutorial scrutiny of charge-sheets.
The court's analysis of the charge-sheet revealed a lack of fairness, impartiality, and adherence to judicial mandates. It directed the examination of charge-sheets from other districts to assess systemic compliance with judicial directions.
The judgment also addressed administrative accountability, criticizing the conduct of the Additional Chief Secretary (Home), Uttar Pradesh, for delaying compliance with judicial directions and failing to pursue a proposed Special Leave Petition diligently.
However, the court appreciated the efforts of the SSP Jhansi and the police team for successfully recovering the minor and restoring her to her family, resolving the petitioner's principal grievance.
The judgment reflects the court's commitment to ensuring accountability and transparency in criminal investigations, while also highlighting the need for systemic reforms within the police and administrative machinery.
Bottom line:-
Habeas Corpus petition concerning the recovery of a minor girl from alleged illegal custody; Judicial directions issued to improve investigative standards and ensure accountability within the police and administrative machinery under the Bharatiya Nyaya Sanhita, 2023.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 - Sections 87, 137(2), 94; Bharatiya Nagarik Suraksha Sanhita, 2023; State of Gujarat v. Kishanbhai (2014) 5 SCC 108; R. Sarala v. T.S. Velu (2000) 4 SCC 459
Megha Raikwar v. State of U.P., (Allahabad) : Law Finder Doc id # 2913824
