Madhya Pradesh High Court Criticizes Investigation Practices in Child's Death Case
Court Stays Trial, Orders Superintendent of Police to Appear for Improper Investigation Procedures
In a significant decision, the Madhya Pradesh High Court has criticized the conduct of the investigating officer in a case involving the tragic death of a three-year-old child. The court has expressed grave concerns about the investigation's adherence to legal procedures and has stayed the ongoing trial until further notice.
The division bench comprising Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf, presiding over the case titled Sourabh Agarwal v. State of Madhya Pradesh, highlighted the impermissible practice adopted by the investigating officer, Mr. Sanjay Gurjar, SI of Police Station - Kotwali, Jabalpur. The bench pointed out that the officer had improperly questioned witnesses under Section 161 of the Criminal Procedure Code (Cr.P.C.), aiming to discredit their statements rather than clarifying them. This approach, the court emphasized, goes beyond the legal boundaries of investigation, effectively converting it into an enquiry to test the veracity of witness statements.
The court noted that the investigation must strictly adhere to established procedures, without the investigating officer attempting to highlight discrepancies or undermine the witnesses' accounts. The bench remarked that the conduct observed was "unheard of and impermissible in law," stressing that the officer's role is to gather evidence through investigation, not to assess the truthfulness of the witnesses' statements.
Amid concerns about the investigation's procedural integrity, the court directed the Superintendent of Police, Mr. Ayush Gupta, to appear personally before the court at the next hearing scheduled for November 14, 2025. The trial, which had commenced, has been stayed in the interim, reflecting the court's serious apprehension regarding the investigation's compliance with criminal procedure law.
This case involves the death of a minor child, which accentuates the necessity for a meticulous and legally sound investigation. The court's intervention underscores the judiciary's commitment to ensuring investigations are conducted lawfully and uphold the principles of justice.
The judgment serves as a reminder to law enforcement agencies about the importance of adhering strictly to legal protocols during investigations, especially in sensitive cases involving loss of life. It also reinforces the judiciary's role in safeguarding the integrity of legal processes, ensuring that justice is served without prejudice or procedural oversight.
Bottom Line:
Investigation - Conduct of Investigating Officer - Impermissibility of questioning witnesses under Section 161 Cr.P.C. to discredit their statements - Investigation must be conducted as per the procedure known to law.
Statutory provision(s): Criminal Procedure Code, 1973 Section 161
