Kamlesh Singh vs State of U.P.& Ors.

R. K, Mahajan, J.

Instructions contained in judgment of Civil Misc. Writ Petition No. 469 of 1995 Ahmad v. State of U. P. connected with Writ Petition No. 387 of 1995Nafees Ahmad v. S. S. P. regarding supply of documents under Section 161, CrPC before putting the charge sheet under Section 173, CrPC have been issued to the police officers by way of circular for obeying them in letter and spirit. Senior Superintendent of Police, Allahabad has further stated in his affidavit that Shri Ravi Chand Pandey, Head Peshi, C. O.II, Allahabad has been suspended for supplying the material to the accused which he happened to appeal with this writ petition. The S. S. P. further stated in para No. 8 of his affidavit that material can be made available at even stages during the course of investigation before the chargesheet is submitted. According to Criminal Procedure Code under Section 157 the officerincharge of a Police Station shall proceed to investigate the case if he has reason to suspect the commission of a cognizable offence or he shall depute one of his subordinate officer not below the rank as the State Government by general order or special order prescribed in this behalf to proceed to investigate the facts of the case. Since investigation has been conducted and they have found Shri Ravi Chand Pandey was liable, we consider it also desirable to emphasis that in future officerincharge police station should be made accountable for such lapses and direction be issued to this effect to the Director General of Police, U. P. Lucknow.