Parallel Police Inquiry During Criminal Investigation Held Impermissible

The Madhya Pradesh High Court came down heavily on the police authorities in Narmadapuram for conducting what it described as an impermissible “parallel enquiry” during the investigation of a rape case, observing that such exercises have no legal sanction and can seriously prejudice the fairness of criminal proceedings. Justice G. S. Ahluwalia was hearing a bail application filed by Arpit Chourey, who had been arrested in connection with offences under multiple provisions of the Bharatiya Nyaya Sanhita, 2023, including allegations of rape.

During the hearing, the applicant relied upon a report prepared by the SDO(P), Itarsi, which allegedly stated that the prosecutrix’s allegations did not appear to be true. The report had been initiated after the applicant’s father approached the Superintendent of Police seeking intervention. The Court questioned how such an enquiry could legally continue while the regular police investigation was already underway. Referring to earlier judicial precedents as well as a Supreme Court ruling, the Bench reiterated that Section 36 of the CrPC does not permit independent or parallel enquiries during an ongoing criminal investigation.

The Court was particularly critical of the fact that the officer concerned reportedly reached conclusions against the prosecutrix without even recording her statement. Justice Ahluwalia observed that condemning a person “behind her back” without giving an opportunity to be heard reflected a complete disregard for basic principles of fairness. Calling the conduct of the police “shocking,” the Court held that the enquiry report was legally unsustainable and directed that it should never be relied upon by the trial court for any purpose whatsoever.

Although the bail application was later withdrawn by the accused, the Court directed that a copy of the order be forwarded to the Director General of Police to highlight the manner in which serious offences were being handled in the district.