Counter Case Cannot Be Investigated By Different Investigation Officer: Madras HC

The Madras High Court has observed that counter case cannot be investigated by a different investigation officer.

The Court was considering seeking to quash the proceedings in a counter case filed in a matter.

The single-bench of Justice N. Venkatesh observed, "The same investigation officer will have to investigate both the case and counter-case and must find out the real aggressor.Here, two different investigation officers have investigated independently and police report has been filed mechanically in both thecases. Hence, both the police reports are illegal."

The Petitioner was represented by Advocate R.Karunanidhi while the Respondent was represented by Government Advocate B.Thanga Aravindh.

The case of the prosecution was that the Second Respondent, a Panchayat President was involved in a land dispute between the petitioner and one Muralidharan. On 17.05.2023, the petitioner allegedly posted a news against the defacto complainant on Facebook and a complaint was thus registered in this regard. Later, on 18.05.2023, at about 7.00 p.m., when the defacto complainant was talking with his friends, the petitioner allegedly came to the spot and abused him in filthy language and threatened with dire consequences and also assaulted him.  For the very same incident, based on the complaint given by the Petitioner, an FIR came to be registered as against the Second Respondent and four others. The investigation was completed in both the cases by different Investigation Officers.

The Court observed that same investigation ought have completed invetigations in both the cases.

"In the considered view of this Court, both the final reports are liable to be interfered by this Court for the simple reason that two different Investigation Officers have investigated the cases. This is in contravention of the judgment of Full Bench in T.Balaji and another v. The Sate, reported in 2024-2-L.W.(Crl.)175," the Court observed.

The Petition was accordingly allowed.

Cause Title: Mathan Kumar vs. The Inspector of Police 

Appearances:

Petitioner- Advocate R.Karunanidhi 

Respondent- Government Advocate B.Thanga Aravindh, Advocate R.Anand, Advoacte P.Saravanan

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