Magistrate can’t interfere in investigations: HC

Nagpur: Clarifying that the magistrate or court has not been given powers to interfere in investigations, the Nagpur bench of Bombay high court ruled that the investigation officer (IO) can continue his probe even after court’s contrary orders.
“The IO during investigation would be required to apply his mind independently to the statement recorded under Section 164 of CrPC and its evidentiary value. The investigation is a tool to go to the root of the matter and unearth the commission of offence. The officer, therefore, has been given this prerogative to conduct fair investigation by law,” justice Govinda Sanap said.

Petitioner Maheshkumar Goyal was booked by Wadi police on a complaint by Nagpur rural tehsildar in 2016. He along with others were accused of creating forged non-agriculture (NA) order by using rubber stamp and collector’s signatures. The owners of the land, who were accused in the case along with the petitioner, did not make any application for conversion of their land for NA purposes.
The IO conducted an investigation and confirmed complicity of seven accused, including the petitioner. The IO in 2018, filed an application that the evidence against the petitioner was deficient and he should be discharged from the case. The magistrate then issued notice to the complainant tehsildar to file his say, which remained pending for over four years.
A new IO took over and made an application in 2022 before the magistrate that the probe was not fairly conducted. He demanded reinvestigation and filing of a supplementary chargesheet, which was granted.
Goyal approached the HC contending that the officer had not considered earlier application by his predecessor for discharging him. While setting aside the magistrate’s order, Justice Sanap said it was contrary to the provisions of law.
Full report on www.toi.in