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Synopsis

The Bombay High Court has recently observed the Code of Criminal Procedure does not envisage a one-sided investigation to substantiate only the case of the prosecution.

“It is a requirement of fair trial that there is fair investigation, and there can be no fair investigation if the investigating officer does not take into consideration all relevant material which is desirable for the purpose of investigation. Needless to say that the Code of Criminal Procedure does not envisage one sided investigation aimed at collecting material only to substantiate the case of prosecution,” the bench observed.

The division bench of the High Court in Nagpur, comprising Justice Vinay Joshi and Justice MW Chandwani, heard an application filed by Nikhil Waghmare and his family.

The family was booked under Section 498A (Husband or relative of husband of a woman subjecting her to cruelty) and Section 306 (Abetment to suicide) of the Indian Penal Code.

The complaint was filed against Waghmare and his family by the father of the victim. The marriage between Waghmare and the victim was solemnized in December 2021, and the victim was subjected to cruelty in the matrimonial house due to unlawful demands.

In February 2022, the victim was found dead, having committed suicide by hanging herself. Following her death, Waghmare and his family were booked.

The family approached the high court to quash the case. The high court passed an interim order directing the police not to file a chargesheet.

Subsequently, the family filed an application before the high court to direct the investigating officer to consider the WhatsApp chats that he had previously rejected.

They contended that the officer has a duty to conduct the investigation in an unbiased and legal manner and that he is bound to consider the material irrespective of whether it supports the case of the prosecution.

The bench agreed with the same and noted that there is no provision in the law that precludes the investigating officer from going through the material if he finds it relevant and germane to arrive at the truth.

“The statute no where says that collection of evidence shall be in support of the case of the prosecution. No doubt, the investigating officer shall be given complete and full freedom to carry the investigation in accordance with law. The material which is sought to be produced by the accused may or may not help the investigating agency, but, it is totally unacceptable that he shall not look into the same. We do not see any provision of law which precludes the investigating officer to go through the material if he finds it relevant and germane to arrive at the truth,” the order reads.

Therefore, the bench directed the investigating officer to accept the documents sought to be produced by the applicants and consider them only to the extent that they are relevant, necessary, or desirable for the just and fair investigation of the case.

 Nonetheless, the bench recorded that it is left to the discretion and wisdom of the investigating officer whether to rely on the said documents or not.

Case title: Nikhil Ashokrao Waghmare & Ors vs State of Maharashtra & Anr