High Court Seeks Clarification from Police Commissioner on Head Constable’s Authority in Cognizable Crime Investigation

Jaipur, February 26 – The RAJASTHAN high court has directed the Police Commissioner to appear before the court on February 28 and clarify whether a Head Constable is authorized to investigate cognizable offenses. The directive was issued by Justice Anil Kumar Upman’s bench while hearing a bail petition filed by an accused named Raju.

High Court
High Court

Bail Petition Claims Procedural Lapses in Investigation

Advocate Rahul Agrawal, representing the petitioner, argued that the case lacks proper investigation. He informed the court that the victim had initially filed an FIR against an unidentified person in a “zahar khurani” (poisoning and robbery) case. However, the police allegedly implicated the petitioner without proper evidence and filed a charge sheet without conducting a formal identification parade, thereby compromising the integrity of the investigation.

During the hearing, it was revealed that the investigation of this cognizable offense was conducted by a Head Constable, raising concerns over the legal validity of such an investigation. Consequently, the court has asked the Police Commissioner to clarify whether a Head Constable is authorized to handle such cases.

Case Background: Poisoning and Robbery in Sleeper Bus

According to the case details, complainant Gyan Singh lodged an FIR at Sindhi Camp Police Station, stating that he had traveled from Delhi to Jaipur on October 5, 2023, in a sleeper bus. During the journey, a co-passenger offered him biscuits, after which he lost consciousness.

On October 6, the bus conductor found him in a semi-conscious state and helped him deboard. Upon regaining awareness, he realized that his three mobile phones, a gold chain, and cash were missing. Following the FIR, the police arrested the petitioner, but his defense argues that he has been wrongfully implicated.

High Court’s Concern Over Investigation Protocols

The court’s directive to the Police Commissioner highlights the need for clarity on investigative jurisdiction, especially in serious offenses like poisoning and robbery. The case will be heard further on February 28, when the Police Commissioner is expected to provide a formal response.