29 November 2022

Bengaluru: To avoid multiplicity of litigations, guidelines must be issued to the investigating officers ( IO ) and prosecutors to immediately inform the jurisdictional courts whenever the first information reports ( FIRS ) are transferred from one police station to the other, observed the Kalaburagi bench of the Karnataka high court ( HC ) after noticing that a murder accused was granted default bail on the basis of the first FIR, though in the same case, police had already filed a charge sheet within the stipulated 90 days after the transfer of the FIR to another police station.

Police and prosecutors must inform
Police and prosecutors must inform

The judge said the home secretary, DG and IGP should issue directions in this regard. ” The assistant public prosecutor must take instructions from the IOS and submit to the court about the filing of the charge sheet, ” he said.

Hanumanth Kamble, an auto driver from Kalaburagi, had approached the court for his release after the authorities refused to accept his surety, citing the proceedings in the second FIR. Kamble was arrested in a murder case on September 10, 2021. The FIR was registered at Mahagaon police station. Kamble approached the jurisdictional court on December 17, 2021, seeking bail, arguing that even after the lapse of 90 days on December 8, 2021, a charge sheet had not been filed.

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