Daijiworld Media Network - Bengaluru (MS)

Bengaluru, Jan 20: Karnataka state stands first in the country in number of cases that are being quashed by the court. In the last three years, 66,997 cases were quashed in the lower courts for fake complaints, shortfall of evidence, complainant turning hostile and failure of police investigation.

According to statistics provided by National Crime Records Bureau (NCRB), clean chit was given in 32,776 cases in 2016 and 32,204 cases in 2017. It is a matter of satisfaction, however, that only 2,017 cases were given clean chit in 2018 in Karnataka. The corresponding annual figures for the state of Chhattisgarh, Maharashtra, Madhya Pradesh and Bihar are 4,694, 4,761, 4,696 and 4,555 cases respectively.

The state government, which has taken serious note of this matter has ordered the police department to correct their errors during investigation. The government has also taken out a guideline with regards to the investigation procedure, spot inspection, statement of accused and steps to be followed while filing chargesheet.

The government has strictly advised the police department to take clear cut statement from the complainant and the witnesses and also get the signature of the officer who does the spot inspection. Surety bonds should be taken from the complainant and the witnesses and the same needs to be produced to the court along with the final report. In addition, the police department has to attach complete address of complainant, accused and the witnesses, along with the identity document that is confirmed by the government while submitting the chargesheet to the court.

The main reasons for the failure of cases are the lacuna in police investigation and not following the rules, absence of strong evidence in proving the crime, wrong IPC section mentioned by the police that does not tally with the crime, change of stance of the complainant during the inquiry stage in the court and filling false complaint due to personal enmity.

When the investigation officers appear in court to depose before the judge, the lawyer for the accused says that the handwriting in all the preliminary investigation documents is the same and questions the investigation officer as to whose signature is there on the documents, the investigating officer says that it is of the case writer in the police station. When the lawyer for the accused questions the investigation officer that there is no evidence that the same is written in his presence as the document does not have his signature, the investigating officer hesitates to give a firm answer. This gives advantage to the accused.

As the address of the accused is not complete summons cannot be served. So many cases are being quashed for the same reason.