Counter Case Investigation Cannot Be Conducted by Different Officers: Madras High Court
In a significant ruling, the Madurai Bench of the Madras High Court, presided over by Justice N. Anand Venkatesh, quashed proceedings in two related criminal cases on the ground that counter cases cannot be investigated by different Investigation Officers. The Court emphasized the principle that a single officer must investigate both the main case and the counter case to determine the real aggressor, in line with the precedent set by the Full Bench in T. Balaji and Another v. The State.
Background
The matter arose from a dispute involving two parties in Thoothukudi District. The petitioner, Mathan Kumar, sought to quash proceedings in STC No. 83 of 2023 pending before the Judicial Magistrate Court No.I, Kovilpatti. The prosecution alleged that the petitioner had assaulted and threatened the second respondent, Dinesh Kumar, following a Facebook post regarding a land dispute.
Interestingly, the petitioner had also filed a complaint concerning the same incident, leading to the registration of a counter case (Crime No. 142 of 2023). Both cases were investigated by separate officers, and final reports were filed in STC No. 1489 of 2023 and STC No. 478 of 2024, respectively.
Key Observations by the Court
Justice Venkatesh, after examining the records and hearing submissions, found that the independent investigation of the case and the counter case by different officers was a procedural flaw. The Court observed that such an approach undermines the objective of identifying the true aggressor in disputes involving allegations from both sides. Referring to the judgment in T. Balaji and Another, the Court reiterated that a unified investigation by the same officer is imperative to ensure fairness and avoid contradictions in the findings.
COURT'S DECISION
The Court held that the final reports filed in both cases were mechanically prepared and invalid due to the dual-investigation approach. Consequently, the proceedings in STC No. 83 of 2023 and STC No. 478 of 2024 were quashed, rendering both cases null and void.
Cause Title: Mathan Kumar vs. The Inspector of Police, Kalugumalai Police Station & Anr
case No: Crl.O.P (MD) No.16975/2023 & Crl.O.P (MD) No.13493/2023
Date: December-18-2024
Bench: Justice N. Venkatesh
[Read/Download order]
