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In a recent case, the Chhattisgarh HC warned the police from showing laxity and leniency in cases filed against police personnel themselves because police need to maintain faith and public confidence in the system without any scope for unfairness or bias.
The present petition was filed before the court by one Ms. Babita who is the mother of majnu who died on 09.11.2013 in police custody. She alleged that the cause of her daughter’s suicide was related to her affair with a particular constable in the police service who abetted her suicide. So, she asked for the constitution of a special investigation team to enquire into the circumstances of the unnatural death by filing a writ petition. This was rejected by the single judge by holding that she has an alternate remedy in the form of section 200 of CrPC which only provides for initiation of private complaint against respondent.
The Court after hearing the arguments held that a mere inquiry into the cause of death cannot be deemed a proper investigation. The police are under a duty to conduct investigation whenever the commission of a cognizable offence is alleged. The court made reference to Ramesh Kumar vs. State (N.C.T. of Delhi) and Others, 2006 Cri. L.J. 1622 and K.V. Rajendran Vs. Superintendent of Police, CBCID South Zone Chennai and Others, (2013) 12 SCC 480 and said that it is “the principle of law that in such cases the police have the duty to ensure that the confidence in the policing system is maintained and there should be no laxity at all in cases where the allegations are against a person who is in the police service.”
By noting that in Chattisgarh, the police did not really give effect to the section 174 CrPC by having an inquest conducted by an executive magistrate, the court ordered the police to investigate into allegations of appellant.
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