Responsibility Of Every Investigating Officer To Discharge Their Duty To Ensure “Truth Alone Triumphs”: Madras HC
The Madras High Court observed that every government servant, including investigating officers, must fulfil their duties to ensure that "Truth Alone Triumphs."
The Bench dismissed a petition under Section 482 of the CrPC seeking to quash an FIR, noting that the purpose of a police investigation was to determine the truth of the complaint. The Court clarified that an FIR is merely the registration of a complaint in the police register.
A Single Bench of Justice B. Pugalendhi observed, “The FIR is nothing but registering the complaint in the register of the Police. The purpose of investigation is to find out truth whether the complaint is genuine or not. The investigating officer is expected to conduct the investigation in a fair manner by considering the evidence produced by the defacto complainant and the accused. The grounds raised by the petitioners herein can very well be appreciated by the investigating officer during the course of investigation.”
Advocate V.V. Pratheeksh Kurup represented the petitioners, while PP B.S. Syamantak appeared for the respondents.
The petitioners argued that even though there was a civil dispute between the parties, the respondent police had registered a criminal case against the petitioners. They referred to a previous court order (Crl.O.P(MD) No.2951 of 2024) which directed the defacto complainant to cooperate with appellate court proceedings concerning the civil dispute.
The Police on the other hand contended that despite the civil nature of the dispute, the complaint involved allegations of illegal crop harvesting by the petitioners which necessitated a criminal investigation.
The second respondent submitted that the land and crops in question belonged to the defacto complainant, and the petitioners had no rights over the cultivation. He also mentioned that the complainant had obtained an order for police protection from the court.
The Court, after considering the submissions, stated that the case was still at the investigation stage. “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 added.
Consequently, the Bench directed the police to conclude the investigation expeditiously, either by filing a final report or a closure report.
Accordingly, the High Court disposed of the petition.
Cause Title: Kanthavel & Ors. v. The State & Anr.
Appearance:
Petitioners: Advocate V.V. Pratheeksh Kurup, Ravi Krishnan and Dev Nandan A.
Respondents: PP B.S. Syamantak; Amicus Curiae R. Bindu(Sasthamangalam)
