Karnataka High Court Allows Further Investigation In 10 Yr-Old Assault Case, Directs Re-Examination Of Medical Records & Calls For Additional Chargesheet

The Karnataka High Court has upheld a Sessions court order directing further investigation to be carried out by police in order to produce medical records of the victim who was physically assaulted by the accused instead of summoning them for the hospital.

A single judge bench of Justice K Natarajan dismissed a petition filed by accused Muralidhara and another who had questioned the sessions court order which had set aside the magistrate court and allowed the application filed by the prosecution under Section 173(8) of Cr.P.C. for further investigation in a case which was registered in the year 2013 and is at the fag end of the trial.

The prosecution had sought further investigation as the Investigating Officer had not recorded the statement of the wife of the complainant who was physically injured and he had not considered the medical records of the treatment taken by the victim while filing the chargesheet against the accused.

The accused were initially charged under Sections 506, 341, 34 504, 448, 324, 354 of IPC and after the investigation, the police filed the charge sheet for the offences punishable under Section 341, 323, 504, 506 read with Section 34 of IPC.

The petitioner's argued that medical records can be summoned from the hospital by invoking the provision of Section 91 of Cr.P.C and the order of the Sessions Judge mentioned the offences which attract Sections 324 or 326 of IPC at paragraph No.8 is not sustainable.

Moreover, it is the prerogative of the Investigating Officer to consider the document and file the final report. The Court cannot insist to file the charge sheet for the offences punishable under Sections 324 or 326 of IPC, it was argued.

It was said that the application came to be filed at a belated stage after 9 years of registering the FIR, which was filed on 25.12.2013. The crucial witnesses have turned hostile and therefore, the case will be ended in acquittal and therefore, the application came to be filed for further investigation which cannot be allowed.

The prosecution opposed the plea saying that the Investigating Officer has not at all properly investigated the matter and he has not collected the medical records from various hospitals including NIMHANS hospital where the injured took the treatment, but, he has hurriedly filed the charge sheet.

Therefore, the police have filed a charge sheet only under Section 323 of IPC, but not inserted any other offences like Sections 324 or 326 of IPC, it was argued.

The bench relied on Apex court judgment in the case of Devendra Nath Singh vs. State of Bihar and Others reported in AIR 2022 SC 5344 and said “In view of the principle laid down by the Hon'ble Supreme Court, here in this case, the Investigating Officer has not properly conducted the Investigation and therefore, it is necessary for the Investigating Officer to further investigate the matter by collecting the medical records, doctor who treated the injured and statement of the injured were all required to be recorded in proper manner. Therefore, further investigation is required in this case.”

Further it held “Merely, it is stated by the Sessions Judge that the offence may attract Sections 324 or 326 of IPC and that itself is not a ground to set aside the order. It is only an observation.”

Dismissing the petition the court directed the Investigating Officer to independently conduct the further investigation and file an additional charge sheet under Section 173(8) of Cr.P.C.

Appearance: Advocate Mahesh for Petitioners

SPP-2 Vijaykumar Majaje a/w HCGP Anitha Girish FOR R1.

Advocate S.Y. Kumbar FOR R2.

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