Blatant Contravention Of Provisions For Maintaining Case Diary: Bombay High Court Seizes Case Diary From Police, Directs DGP To Take Remedial Action

A division bench of Justice AS Gadkari and Justice Neela Gokhale said that the investigating officer in the case had failed to comply with Section 172(1-B) of the CrPC and the circular issued by the Director General of Police, Maharashtra State (DGPMS) on February 12, 2024. The circular mandates police officers to maintain case diaries in the form of bound and numbered pages as per legal provisions.

“We direct the D.G.P.M.S. to take appropriate remedial action in this regard and to ensure strict compliance at least of its own Circulars by all the Police Officers in the State”, the court directed.

The case diary from Kherwadi Police Station, Mumbai related to a cheating case. The court was dealing with a writ petition filed by the accused seeking quashing of the FIR.

When the investigation officer gave contradictory questions to the questions posed by the bench, the bench sought to see the case diary and found that it was maintained in a disorganized manner, with documents not relevant to the case being mixed with the case papers.

“We find that, the case diary of the present crime is maintained in a most shabby manner and not in a bound volume. Other papers such as the papers in suit of 2007 and other documents, not relevant to the subject case are kept in the file/case diary presented before us.”

The court noted that it had earlier asked the DGPMS to direct all the concerned Police Officers in the State to maintain the Case Diary as per the provisions of law, as the Legislature has some intention while incorporating the said provisions in the CrPC.

After this, the DGMPS issued the aforementioned circular directing police officers to maintain case diaries properly. Despite this, it appears that police officers are either unaware or ignoring these instructions, the court said.

“It clearly appears to us that, the said Circular and the directions issued thereof are not travelled and/or percolated to the lower rank of Officers, who are on the field. It appears to us that, the Investigating Officers are either ignorant of the said Circular or are feigning ignorance to it. We can understand that, the Investigating Officers may not be aware about the provisions of Criminal Procedure Code, but we cannot accept a situation that, the Police Officers are not aware of the Circulars issued by the D.G.P.M.S., who is the head of their institution.”

While seizing the case diary, the court recorded that the main clip/paper clip of the box file is in open condition and all attempts to close it are in vain. The file thus remains in an open condition.

The file was sealed and signed in court, and the court directed Assistant Public Prosecutor VN Sagare to carry it to the office of the DGPMS along with a copy of this order for appropriate action. The court directed the DGP to submit a detailed report by the next hearing date, i.e., June 28, 2024.

Case no. – Criminal Writ Petition (St) No. 953 of 2024

Case Title – Gopal C. Mehta & Ors. v. State Of Maharashtra & Anr.

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