The Supreme Court has expressed sharp concern over the disappearance of investigation records in a nearly two-decade-old criminal case from Gujarat, describing the loss of files during an ongoing probe as a serious blow to the integrity of the criminal justice system.
A Bench comprising Justice Sanjay Karol and Justice Augustine George Masih directed the Gujarat government to place on record the action taken against the police officer responsible for the missing documents and ordered that the stalled investigation be completed within six weeks.
The case stems from a complaint filed in 2007 concerning alleged forgery of signatures and fabrication of property documents relating to land in Bhiloda village. According to the complainant, certain individuals created fraudulent partition and sale deeds and secured mutations in revenue records while he was away on a Haj pilgrimage.
During the hearing, the State informed the Court that crucial material collected during the investigation, including original case papers and an investigative report, had been misplaced while being transmitted to the Judicial Magistrate First Class at Bhiloda. The loss of records led to disciplinary proceedings against the concerned officer and eventually necessitated a fresh investigation.
The State further submitted that the original records could not be recovered and that investigators had been unable to trace all relevant witnesses, resulting in the investigation remaining incomplete for years.
The Supreme Court was unimpressed by the explanation. It observed that incidents involving the loss of records during an active investigation must be treated with the highest degree of seriousness because they undermine the functioning of the justice delivery system and can effectively render legitimate complaints incapable of being pursued.
The Bench noted that the Gujarat High Court had ordered a reinvestigation in 2017, yet nearly a decade later the matter remained unresolved. Even if witnesses could not be located, the investigating agency was expected to file an appropriate report before the Magistrate rather than allow the proceedings to remain in limbo indefinitely, the Court said.
Expressing concern over the prolonged delay, the Bench remarked that constitutional courts cannot remain passive when faced with investigations that continue for years without meaningful progress. In the peculiar circumstances of the case, the High Court ought to have exercised its extraordinary jurisdiction and intervened to address the stagnation, the Court observed.
The dispute originated from a criminal complaint lodged by the appellants’ father before the JMFC, Bhiloda, alleging offences including criminal conspiracy, cheating, criminal breach of trust and forgery under the Indian Penal Code. Despite repeated judicial directions and the gravity of the allegations, the investigation failed to reach a conclusion.
After the prolonged inaction, the appellant again approached the High Court seeking directions to the investigating officer to file a chargesheet. The High Court declined to intervene, holding that the Magistrate had already passed the necessary orders in the matter.
Challenging that decision, the appellant moved the Supreme Court.
Setting aside the High Court’s order, Justice Karol, who authored the judgment, observed that the High Court should have taken note of the extraordinary delay in the investigation and acted accordingly. The Court underscored that almost twenty years had passed since the complaint was first initiated, yet the investigation had not reached any meaningful stage of completion.
Finding the situation unacceptable, the Supreme Court directed the State to disclose the action taken against the officer responsible for the missing records and ordered the investigating agency to conclude the probe within six weeks.
