CHENNAI: The Madras High Court directed deputy commissioner of police, Chennai, to take action against a sub inspector with the Triplicane police for entering evidence into the witness box against an accused without perusing the case records.
If an investigating officer is found to be incompetent and function with such lackadaisical attitude, the benefit of doubt must be given to accused persons; they cannot suffer because of a bribe-taking officer, wrote Justice P Velmurugan, while allowing the petition of an accused.
The petitioner Grace Selvarani, who is facing a criminal charge, moved the HC seeking to set aside an order issued by the Egmore magistrate court dismissing her plea seeking to serve records regarding the case details.
It is submitted that based on two complaints for the same cause of action, two community service records (CSR) were registered against the petitioner.
However, during a cross-examination, the investigation officer Ruthira Sudha, sub inspector at Triplicane police station, said she didn’t know about the other CSR and filed a charge sheet for one of the CSRs filed against the petitioner.
Hence, the petitioner filed an application in Egmore court seeking the details of the other CSR. However, it was rejected by the trial court citing no prejudice was caused to the petitioner.
Challenging the order, the petitioner moved HC.
After perusing the case details, the judge wrote that without knowing the case details, the investigation officer made entries in the witness box and gave evidence against the petitioner, hence the ultimate sufferer is the petitioner. The court then set aside the trial court order.
The judge also directed the deputy commissioner to take action against the investigation officer for her lax attitude.