2007 CRI. L. J. 3802 ::2007 (5) AIR Kar R 76 ::(2007) ILR (Kant) 3142 ::2008 (1) KantLJ 297

Karnataka High Court

Hon'ble Judge(s): K. Sreedhar Rao, C. R. Kumaraswamy , JJ

(A) Criminal P.C. (2 of 1974) , S.157, S.161(3)— Penal Code (45 of 1860) , S.192— Investigation - Factious rioting - Accused assaulted by deceased - Immediately in retaliation accused assaulted deceased and caused his death - Case and counter case made out - Both the incidents take place at the same time and at same place - Investigation should be conducted by one and the same I. O. - I. O. has misused powers of recording the statement of witness u/S. 161 (3) Cr. P.C. and deliberately manipulated the statements to benefit the accused at the time of trial - I.O. guilty of committing offence punishable u/S. 192 IPC. (Para 15) (B) Criminal P.C. (2 of 1974) , S.36, S.157— Powers of superior officers of Police - Superior rank police officers above SHO including Superintendent of Police should involve in supervising investigations to ensure the integrity and quality - Non-use of provisions of S. 36 by the S. P. and other senior police officers has resulted in free and unfettered situation to the I.Os. to conduct the investigation in a casual and cavalier manner and also to dishonestly manipulate the final reports submitted u/S. 173 Cr. P.C. - Such a practice is deprecated - Court suggests corrective steps in police investigation. (Para 16) ....