Investigation stage

Initiating investigation of a case was not mandatory unless the officer in charge of a police station, from the information received by him, had reason to suspect the commission of an offence

Supreme Court observed that what practically happened, often, was that on registration of a FIR, the relevant police officer without application of mind directly proceeded to arrest the accused

Police should not move for the arrest of the accused nominated in the FIR unless sufficient evidence was available for the arrest

No real guidelines were available to the police which would channel their discretion and judgment with regard to investigation and arrest of an accused

Lack of training of police and emphasis on the development of specialized investigation officers and facilities, was a major reason for defective investigation

Police, it appeared, was still largely used to secure the interests of the dominant political regime and affluent members of society, rather than furthering the rule of law

Incompetency of police and lack of focus on their training for purposes of investigation of a case and arrest of an accused highlighted.

Plea of alibi could be established in the Trial Court and only Trial Court was competent to decide the fate of such a plea while deciding the case.

Act of releasing accused on the plea of alibi before commencement of his trial and recording of any evidence whatsoever was not consistent with the weight of ocular and medical evidence available against the accused

Name of accused transpired in the F.I.R., with specific role of causing direct fire-shot injury

Incident took place in day time and eye-witnesses supported the version of the complainant narrated in the F.I.R.

Medical evidence was in conformity with the ocular version

Finding of inquiry report that at time of incident accused was with his counsel and affidavits were also submitted in support of such plea of alibi had no evidentiary value and such affidavits could not be considered at stage of investigation

Magistrate was bound to apply his judicial mind and was not bound to follow the ispe dixit of the police

Application was allowed, impugned order of Magistrate was set aside and accused was arraigned as an accused in the case along with other co-accused.