Objective Of Investigation Is To Unearth Truth, IO Can’t Throw Out Material Evidence Produced By Accused By Merely Citing S.91 CrPC
Case: Ajay Kumar Agarwal v Union Territory of JK and Ors.
Coram: Justice Sanjeev Kumar
Case No.: WP(C) No. 821/2022
Court Observation: “It is, thus, the requirement of both Article 14 and 21 of the Constitution of India that the investigation conducted by the police in the crimes is fair, impartial and unbiased leading to the conduct of a fair trial against the offender of the law”.
“Investigation into the allegations constituting an offence would call for collecting evidence both for and against the allegations,”
“He may not take such documents or material into consideration if he finds the same having no relevance or nexus with the investigation in any manner. He may even reject to consider the same on the ground that these documents or material are, otherwise, not germane to investigation,”
“It is, however, left to the discretion and investigative wisdom of the Investigating Officer to rely upon or not to rely upon the documents so produced by the petitioner,”
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Keywords
Objective Of Investigation, Material Evidence
