The Kerala High Court recently directed the state police chief to issue instructions to the investigating authorities to inform the defacto complainants or their legal heirs whenever the name of an accused in the FIR is removed from the list of accused.
A bench of Justice A K Jayasankaran Nambiar and Justice Jobin Sebastian observed that not informing the defacto complainant or his legal heirs about the removal of an accused named in the FIR from the list of accused in the final report would cause prejudice to the defacto complainant.
“We are of the view that such inaction on the part of the investigating authorities would cause prejudice to the defacto complainant since he would lose an opportunity to take remedial action against the removal of an accused who was named in the FIR. We therefore, direct the State Police Chief to issue necessary instructions to the investigating authorities to promptly issue notices to the defacto complainants or their legal heirs whenever a person named as an accused in the FIR is removed from the list of accused during the course of an investigation”, the court said.
The order came on an appeal challenging the dismissal of a plea seeking directions for further investigation in a criminal case. It was alleged that the investigation in the case was done in a perfunctory and improper manner.
It was further argued that the final report filed by the police had exonerated some of the culprits who had actively participated in the offence.
It was further pointed out to the court that some of the accused named in the FIR were removed from the final report without any justifiable reason.
The court noted that the case is at the stage of trial and the appellant, being a witness, will have an opportunity to adduce evidence regarding all the persons who, according to her, participated in the commission of the offence.
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The court observed that if such evidence is adduced before the trial court and it is satisfied that any person, other than those already arrayed as accused, has also taken part in the commission of the offence, the trial court is empowered to proceed against them as per Section 358 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
The court therefore held further investigation is not required. The court however before parting with the case noted that the investigating authorities had not issued any notice to the complainant or his legal heirs, about the removal of the accused, named in the FIR, from the list of accused in the final report.
The court therefore directed the state police chief to issue necessary instructions to the investigating authorities to issue notices to the defacto complainants or their legal heirs whenever a person named as an accused in the FIR is removed from the list of accused during investigation.
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