Investigator Must Conduct Fair Inquiries : Madras HC

Investigator Must Conduct Fair Inquiries : Madras HC

The Madras High Court recently emphasized the importance of fairness in investigations, stating that investigating officers should diligently assess the authenticity of complaints.

Justice B. Pugalendhi emphasized that the government's motto of "Truth alone triumphs" underscores the duty of every public servant to uphold truth and integrity in their work.

The motto of the government in its emblem is Truth Alone Triumphs and therefore, it is the responsibility of every government servant including the investigating officer to discharge their duty as expected by the government and to ensure Truth alone Triumphs,” the court remarked. 

During the court proceedings, a plea was presented to quash criminal proceedings initiated against the petitioner for alleged illegal harvesting of crops belonging to the de facto complainant. The petitioner argued that the police had wrongly registered a criminal case for what was essentially a civil dispute.

However, the State presented a counterargument stating that while acknowledging the existence of a civil dispute, the crux of the complaint centered around the alleged illegal harvesting of crops planted and nurtured by the de facto complainant. Additionally, the de facto complainant contended that the crops were cultivated on land owned by him, thereby challenging the petitioner's right to engage in cultivation activities.

The court observed that the case was still in the investigatory stage, and the issues raised could be thoroughly examined by the investigating officer as part of the ongoing investigation. It emphasized that the First Information Report (FIR) merely served to register the complaint, while the primary objective of the investigation was to determine the veracity of the allegations.

The court further emphasized its expectation for the investigating officer to conduct a fair and impartial investigation, taking into account the evidence presented by both parties. Consequently, the court disposed of the petition, granting the investigating officer the liberty to conduct the investigation diligently, verifying all materials, and ensuring its completion in a timely manner.

Counsel for the Petitioner: Mr.R.J.Karthick

Counsel for the respondent: Mr.P.Kottai Chamy Government Advocate (Crl. side), Mr.R.Alagumani

Case Title: Kanthavel and Others v State

Case No: CRL.O.P (MD) No.5955 of 2024

 

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