Ensure Proper Maintenance Of Case Diaries Without Lame Excuses: Bombay High Court To Maharashtra DGP

The division bench of Justice AS Gadkari and Justice Shivkumar Dige, while dealing with a writ petition filed by eight persons accused of insulting a woman's modesty, noted that the police had maintained the case diary in loose sheets disregarding Section 172 of the CrPC as well as the DGP’s directives.

“It is expected from the Director General of Police, Maharashtra State, the highest Authority of the Police Department in the State, to ensure that, at least the directions issued by his Office under his signature are followed by his subordinate officers and/or the lower rank Officers in its proper spirit, without giving any lame excuses”, the court stated.

The court was dealing with a writ petition by Sudhir Dhar and other members of management of financial services company Motilal Oswal Financial Services Ltd. The petitioners are alleged to have outraged the modesty of a senior female official of the same company.

As per section 172 of the CrPC, every police officer making an investigation has to enter day by day proceedings in the investigation in a diary. The diary must contain the time the officer acquired any information, the time when the officer began and closed the investigation, places visited by the officer, and a statement of the circumstances ascertained through the investigation. This case diary has to be a duly paginated volume.

The bench on August 19 highlighted that this was not the first time issues with case diaries had arisen, with multiple cases showing police stations not adhering to the proper procedures for maintaining case diaries under Section 172 of the CrPC. The court expressed frustration over the fact that despite having previously brought such cases to the attention of the Director General of Police (DGP) of Maharashtra, no improvement has been observed.

“It appears to us that, the Circulars issued by the Director General of Police, Maharashtra State, have not reached to the lower rank Officers of the Police Department in Maharashtra. On earlier at least three occasions, we have referred such cases to the Office of the Director General of Police, Maharashtra State, however there is no improvement till date”, said the court.

The court specifically referred to Circulars issued by the DGP on January 9, 2017, and December 6, 2018, aimed at ensuring proper maintenance of case diaries. It questioned the effectiveness of these Circulars and urged the DGP to ensure that such directions were followed diligently by subordinate officers.

On June 10, 2022, the High Court had granted interim relief to the petitioners, stating that while the investigation would continue, no coercive action should be taken against them. However, the court observed that this relief had been misinterpreted as a stay on the entire investigation process, leading to a halt in the investigation for over a year.

Thus, the bench directed the DGP to personally review the record of investigation, including the case diary maintained in the form of loose sheets, and to take necessary remedial actions as permitted by law.

The DGP has been given three weeks to address these concerns and implement necessary measures. The court adjourned the case to September 13, 2023, for further reporting on compliance. The interim relief granted to the petitioners will continue until that date.

Case no. – Criminal Writ Petition No. 1887 of 2022

Case Title – Sudhir Dhar and Ors. v. State of Maharashtra