The Gujarat High Court has directed the Superintendent of Police (SP) of Kheda district to take disciplinary action against a police officer for sharing investigation papers with the complainant before filing a charge sheet. Justice Divyesh A Joshi, while hearing an anticipatory bail application for a co-accused in a criminal breach of trust case, took note of the issue.
The High Court emphasized that after a First Information Report (FIR) is filed, the complainant's role is complete, and the investigation is then the responsibility of the Investigating Officer (IO). According to the court, access to police investigation papers is typically granted only after the charge sheet is filed. The court noted that the investigating officer had provided copies of witness statements to the complainant upon request.
The court observed that the police officer either was unaware of the established legal procedure or acted with an ulterior motive. The court termed the act as "prima facie dangerous" and stressed the need to prevent such actions at an early stage. The SP has been directed to submit a compliance report detailing the action taken against the concerned police officer.
This order was given while the court was hearing a case regarding anticipatory bail to a co-accused in an FIR. The court stated that the act of providing investigation papers to the complainant before filing the charge sheet is a serious matter that needs to be addressed.