On Monday, the Supreme Court ruled that closure report cannot be filed on the ground that the Investigation is not possible as the complainant/informant has not provided sufficient material to investigate.
It has been observed that fair investigation are facets of Article 14 and 21 of the Constitution of India. The Court has set aside the closure report filed in the murder of case one Ram Bihari Chuabey. In this case a closure report was filed against one accused stating that no evidence of conspiracy has been supplied by the Informant.
A Bench of Hon’ble Justice R.F.Nariman, Hon’ble Justice Navin Sinha and Hon’ble Justice Krishna Murari were constrained to record that the closure report and investigation, in this case, was perfunctory and extremely casual in nature. The final/closure report was based on the ipsedixit of the I.O and the investigation is nothing but a sham, designed to hide more than to investigate.
Further, the court observed that it is statutory duty and constitutional obligation of Police to upheld rule of law and maintain peace in society.
TITLE: AMAR NATH CHAUBEY vs. UNION OF INDIA
CASE NO. SLP (CRL.) NO.6951 OF 2018
CORAM: Hon’ble Justice R.F.Nariman, Hon’ble Justice Navin Sinha and Hon’ble Justice Krishna Murari
Date of Judgment:14.12.2020