MD. ISLAM Vs. STATE OF ORISSA

JUDGEMENT

(1.) DELAY in disposal of G.R. Case No. 1 009 of 1998 has been fore -focused by the Petitioner to propel the prayer of quashing the said proceeding. Petitioner is one of the accused persons in the above noted G.R. Case pending in the Court of S.D.J.M., Cuttack.

(2.) ACCOMPLISH investigation displaying a sad scenario in essence is the target of attack to scot free the Petitioner from the cage of a criminal proceeding where he with co -accused have been allayed for offences punishable under Sections 460/420/471 and 120 -B, Indian Penal Code (in short, 'I.P.C. '). Petitioner's effort in that respect is propelled in this application under Section 482, Code of Criminal Procedure, 1973 (in short, 'the Code'). After scanning the lower Courts records (which includes the case diary) relevant facts therefrom is stated, as hereafter, in pith and substance.

(3.) ON perusal of the case -diary, it reveals that on 30.11.1989, the first investigation officer from the Crime Branch handed over the charge of the investigation due to his retirement. On 6.7.90, the second investigating officer handed over the investigation due to transfer and on 28.9.91, the latter handed over the investigation to the next investigating officer who, fortunately, though belatedly completed the investigation after a span of about five years from the date of taking charge of the investigation. It is devoid of doubt, on perusal of the case diary, that there was no effort much less a sincere effort to conduct and complete the investigation. Witnesses intended to be examined and records required to be verified were few. If the contention in the case diary is correct, then it goes to show the sleeping attitude of the concerned bureaucrats and the concerned ministerials in the offices of the Collector, Tahasildar and the Settlement Officer from one office to the other when effort was made by him (Investigating Officer) to ascertain if the documents were the forged or fabricated one. It is wished that the higher and the apex authority in the Police and the Crime Branch Department should peruse the case diary of this case not as a measure to punish the wrong doer but as a lesson to learn regarding the lapses and to train the officers not to commit such mistakes and negligence while investigating into a serious crime of the present nature and at the same time, to impart appropriate direction/ instruction to the superior supervising officers to kept track up investigation and to snap the callousness if any apart from coming to the rescue of the investigating officers while they deal with high officials in other departments while handling a case of the present nature. In fact, it reveals at some place in the case diary that the investigating officer, had requested the Superintendent of Police of the concerned Crime Branch to help him in negotiating with the Collector but that remained unsolved by the higher up. Investigation of a crime besides being a routine duty of the investigating agency, it is also their responsibility to properly and effectively protect the interest of the State to safeguard the public at large from the cases of cheating and forgery which is rampant in present days.