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Unfair Investigation of an FIR?


Here's What You Can Do...


When someone files a First Information Report (FIR) with the police, they expect a fair and timely investigation. But what if the investigation seems slow, biased, or unfair? Can you do something about it? The recent ruling by the Rajasthan High Court in the case of Kailash Tolani v. State of Rajasthan & Ors[1]. sheds light on the options available to individuals who find themselves in such a situation.


Understanding the Case

In this case, Mr. Kailash Tolani, a resident of Jodhpur, felt that the police were not investigating his complaint fairly. He believed that the police were intentionally delaying the process after he filed an FIR accusing someone of cheating and other related crimes. Dissatisfied with the police's actions, he approached the Rajasthan High Court, seeking a directive for a more thorough and just investigation.

However, the High Court, led by Justice Arun Monga, dismissed his petition. The court noted that the investigation was still in its early stages and that Mr. Tolani had not explored all the legal options available to him before coming to court.


What Does the Law Say?

The court highlighted that if someone believes an FIR investigation is unfair, there are steps they can take before turning to the courts:

  1. Request for Further Investigation (Section 173(8) of the CrPC): If, after the police have filed a final report (charge sheet), you believe that further evidence needs to be collected or the investigation was incomplete, you can request the court to order further investigation. This section allows the police to conduct further investigation even after submitting the final report.
  2. Approach a Superior Police Officer (Section 36 of the CrPC): If you believe that the officer handling your case is not doing their job properly, you can go to a higher-ranking officer, such as a Superintendent of Police, and ask them to intervene.
  3. Approach a Magistrate (Section 156(3) of the CrPC): If the superior officer does not address your concerns, you can then go to a Magistrate. The Magistrate has the power to order the police to investigate your case thoroughly and submit a report.
  4. File a Criminal Complaint: If both these steps fail, or if you believe your case needs immediate attention, you can file a criminal complaint directly with a competent court. The court can then take the necessary steps to ensure justice is served.


Additional Remedies

  1. File a Writ Petition in the High Court: If you believe that your fundamental rights are being violated due to the police's inaction or unfair investigation, you can file a writ petition (such as a writ of mandamus) in the High Court under Article 226 of the Constitution of India. This can compel the police to carry out their duties or ensure a fair investigation.             
                                               
  2. ⁠Seek Transfer of Investigation: If there is a serious apprehension of bias, you can file an application before the High Court or Supreme Court to transfer the investigation to another agency, such as the Central Bureau of Investigation (CBI).
  3. Approach Human Rights Commissions: If the unfair investigation involves human rights violations, you can file a complaint with the National Human Rights Commission (NHRC) or the relevant State Human Rights Commission. These bodies can investigate and provide recommendations for corrective action.


What Can We Learn from This?

The ruling in the Kailash Tolani case is a reminder that while courts are there to ensure justice, they are often the last resort. The legal system provides other avenues to address concerns about how an FIR is being investigated. These steps are crucial because they help avoid overburdening the courts and ensure that all avenues of justice are explored.

If you ever feel that the police are not investigating your FIR fairly, remember that you have options. Start by speaking to a higher-ranking officer. If that doesn’t work, consider approaching a Magistrate. And if all else fails, the courts are there to help but only after you've tried the other available remedies. This approach ensures that justice is not only done but is seen to be done, with each step ensuring that the investigation is fair, unbiased, and timely.

Author - Harsh Asija


FootNotes:

[1] 2024 LiveLaw (Raj) 193

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