Karnataka High Court Says Same Investigating Officer Must Probe Cross-Cases Registered By Parties To Same Incident

The Karnataka High Court has directed the State government to ensure that one investigating officer probes cases registered against each other by parties to the same incident.

A single judge bench of Justice M Nagaprasanna has directed the registry to send its order to the Department of Home Affairs, Deputy General of Police and the Law Minister, suggesting to bring about an amendment to the Karnataka Police Manual and issuance of a circular clearly indicating that any violation by different Investigating Officers conducting investigation in a case and a counter case would become open to Departmental Action.

The court gave the directions while setting aside the proceedings of a case and counter-case registered in connection with a scuffle between the parties.

Court took note of a Circular issued by the DGP back in 2013, after the coordinate bench judgment in Abdul Majid Sab and Others vs State of Karnataka by Ripponpete Police (2010), directing one investigating officer to probe case and counter cases in the same incident. It remarked, “Unfortunately, the circular has remained only on paper. It appears that it is issued only for the sake of its issuance and not its implementation.”

Court held that the circular cannot be kept in "cold storage". "There are a few cases where the same Investigating Officer is investigating and there are a whole lot of cases where different Investigating Officer investigating the case and a counter case. This results in grave injustice and sometimes failure of justice. All on account of the callous act on the part of the State in not implementing its own circular notified to implement the law.”

It thus directed the State government to get the matter reinvestigated in both the case from the hands of the same Investigating Officer.

Appearance: Advocate Chokkareddy for Petitioner.

Additional SPP Jagadeesha B N for R-1.

Advocate Praneeth G N For R-2.

Citation No: 2024 LiveLaw (Kar) 384

Case Title: Gajendra K M & Others AND State of Karnataka & ANR

Case No: CRIMINAL PETITION NO. 6248 OF 2024

Click Here To Read/Download Order