Court transfers murder case to CID, wants role of Gondia cops to be probed

Nagpur: The Nagpur bench of Bombay high court found flaws with the probe conducted by Gondia police in a murder case when one of the accused moved a bail application on Monday.
The case related to the alleged murder of one Rajesh Kirsan, whose body was found buried four feet deep in a jungle after one of the accused spilled the beans. While rejecting the bail plea, the HC transferred the case to the state CID with specific instructions to investigate Gondia police’s role.
The FIR was lodged after Kirsan’s wife lodged a missing complaint with the Dawaniwada police station in Gondia.Subsequently, the accused persons were arrested and one of them, Dinesh Nagpure, moved the HC for bail.
A division bench comprising justices Vinay Deshpande and Amir Borkar directed the inspector general (state CID) to hand over the investigation to an officer not below the rank of superintendent of police (SP). “The CID is directed to conduct the investigation specially in respect of the role played by the police officers and file additional report before the sessions judge,” the bench said while rejecting Nagpure’s plea.
Endorsing amicus curiae Anil Mardikar’s view of having an independent investigation into the police’s role in the case, the judges said there was no investigation at all from the point of culpability with the officers who were present when Kirsan was brought to the police station on June 23, 2021, by the accused persons in a serious condition stating that he had fallen off a motorcycle and received head injuries.
“Prima facie, when Kirsan was brought to the police station, he was alive and thereafter his body was found to be buried and exhumed on July 6, 2021. The investigation is totally silent on whether the police officers had any role culminating into the man’s death. The police officers cannot be let out so lightly,” the court said.
When the accused had brought Kirsan to the police station, the justices said, it was the duty of cops to take immediate steps to provide him medical help. “Rather they chose a very unusual approach by directing the accused to take the injured to KTS Hospital at Gondia. Clearly, the injured never reached the hospital. Officers present at the police station did not bother to visit the hospital to enquire with the man about the reason for sustaining injuries.”
Earlier, Mardikar, also the senior counsel, informed that the investigating officer had apprised him of initiating departmental inquiry against the officers who were present at the police station on June 23, 2021, for negligence and misconduct. “Perusal of the February 3 order shows that for every charge, the disciplinary authority – SP – found those officers guilty. Of course, they will have their right to challenge the order,” the judges noted.
What HC said
* Dawaniwada police station to hand over investigation papers to CID
* IG (CID) to assign investigation to officer not below the SP rank
* CID to conduct probe on role played by police officers in case
* It is cops’ duty to take immediate steps for medical help to injured
* Instead they asked accused to take injured to KTS Hospital
* It is clear from records, the injured man never reached hospital