Jaipur: In a significant ruling on police accountability, the Rajasthan High Court held that a Station House Officer (SHO) cannot act as a mere “post office” while forwarding a charge-sheet and must independently scrutinise the investigation before filing it in court.
Justice Anoop Kumar Dhand, restored criminal proceedings against an SHO who allegedly failed to ensure that Section 338 IPC was invoked in a road accident case despite medical records showing the victim had suffered a fracture.
The case arose from a 2013 road accident in which the petitioner sustained a grievous injury, the police filed the charge-sheet only under Sections 279 and 337 IPC, omitting the graver offence under Section 338 IPC and thereby affecting his claim for adequate compensation.
Setting aside the revisional court’s order discharging the SHO, the High Court held that an SHO has a statutory duty to supervise investigations, examine the evidence, and apply an independent mind before submitting a charge-sheet.
It observed that filing a charge-sheet is “not a mechanical exercise” and that an SHO cannot escape responsibility by merely forwarding the Investigating Officer’s report.
Holding that fair investigation is a constitutional mandate under Articles 20 and 21, the Court also laid down key duties for SHOs, observing that they are responsible for maintaining law and order, leading investigations, managing police personnel, and community engagement.
The Court directed the Rajasthan Government and the Director General of Police to circulate these directions to all SHOs in the State, ensuring that investigations are independently vetted and charge-sheets are filed only after proper application of mind.