GOPAL C. MEHTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is yet another classic example where the Investigating Officer of the present crime is found to have acted in utter defiance of the provisions of Sec. 172(1-B) of the Code of Criminal Procedure (Cr.P.C.) and Circular dtd. 12/2/2024 issued by the Director General of Police, Maharashtra State (D.G.P.M.S.), issuing directions/instructions to all the Police Officers in the State of Maharashtra, to maintain case diary as per the provisions of law.

(2.) At this stage, merits of the case are not important for our concern. During the course of arguments, as the learned A.P.P. on instructions from the Investigating Officer, gave irrelevant and contradictory answers to the questions put by this Court, we thought it fit to peruse the Case Diary. We find that, the case diary of the present crime is maintained in a most shabby manner and not in a bound volume. Other papers such as the papers in suit of 2007 and other documents, not relevant to the subject case are kept in the file/case diary presented before us. It clearly discloses that, the Case Diary No.13 dated 7 th June 2024 is placed on the top of the file, whereas Case Diary No.12 is placed somewhere in between the papers. Case Diary No.5 is mixed up with some other papers.

(3.) On earlier occasion we had requested the D.G.P.M.S. to direct all the concerned Police Officers in the State of Maharashtra to maintain Case Diary, as per the provisions of law, as the Legislature has some intention while incorporating the said provisions in the Cr.P.C. The D.G.P.M.S. therefore had issued the Circular dated 12 th February 2024 in that behalf. It clearly appears to us that, the said Circular and the directions issued thereof are not travelled and/or percolated to the lower rank of Officers, who are on the field. It appears to us that, the Investigating Officers are either ignorant of the said Circular or are feigning ignorance to it. We can understand that, the Investigating Officers may not be aware about the provisions of Criminal Procedure Code, but we cannot accept a situation that, the Police Officers are not aware of the Circulars issued by the D.G.P.M.S., who is the head of their institution.