Supreme Court Pulls Up Gujarat Police Over Missing Case Records
The Supreme Court on Thursday expressed serious concern over the loss of case records during the investigation of a nearly 19-year-old criminal complaint in Gujarat, observing that such lapses strike at the very foundation of the criminal justice system and can render genuine complaints ineffective.
A Bench of Justice Sanjay Karol and Justice Augustine George Masihdirected the Gujarat government to disclose the action taken against the police officer responsible for losing the records and ordered that the long-pending investigation be completed within six weeks.
"The incidents such as this, wherein case records are lost during an active investigation, have to be taken with utmost seriousness," the Court observed, adding that such incidents undermine the criminal justice process and leave bona fide complaints unresolved.
Complaint Dates Back to 2007
The case stems from a complaint filed in 2007 alleging forgery of signatures and fabrication of a partition deed and sale deed relating to property in Bhiloda village, Gujarat. The complainant claimed that while he was away on a Haj pilgrimage, the accused forged documents and got their names entered into revenue records.
During the hearing, the State informed the Court that important investigation materials, including original case papers and reports, were misplaced while being sent to the Judicial Magistrate First Class (JMFC), Bhiloda. Although disciplinary proceedings were initiated against the concerned officer, the loss of records resulted in a fresh investigation and years of delay.
The State further submitted that the original records could not be traced and that several witnesses could not be located, preventing the investigation from being completed.
Court Questions Decade-Long Delay
The Supreme Court rejected the State's explanation and noted that almost a decade had passed since the Gujarat High Court ordered a reinvestigation in 2017.
The Bench observed that even if witnesses could not be traced, the investigating agency should have filed an appropriate report before the Magistrate instead of keeping the matter pending indefinitely.
The Court also criticized the Gujarat Police for failing to bring the investigation to a conclusion within a reasonable time and faulted the High Court for not intervening despite repeated complaints regarding the delay.
Observing that constitutional courts cannot remain "mute spectators" in such situations, the Bench said the High Court ought to have exercised its extraordinary jurisdiction to address the prolonged inaction.
Complainant Ran "From Pillar to Post"
The Court noted that nearly two decades had passed since the original complaint was filed and yet the investigation had not reached any meaningful conclusion.
The judgment authored by Justice Karol stated that the complainant had been "running from pillar to post" for years seeking filing of a chargesheet, but without success.
The Court further observed that if the police believed the investigation could not proceed because records were missing or witnesses were untraceable, they should have filed a closure report before the Magistrate.
"We find no reason from the record as to why the complaint and investigation have remained pending till date," the Court said.
Allowing the appeal, the Supreme Court directed the Gujarat Police and Bhiloda Police Station to complete the investigation within six weeks and submit a comprehensive report before the JMFC, including all available material and details of any missing records.
The State government has also been directed to file an affidavit detailing:
The action taken against the officer responsible for the loss of records and the current status of those proceedings;
Why the JMFC was not informed about the inability to reconstruct records or trace witnesses despite repeated judicial directions; and
Compliance with the Court's direction to complete the investigation.
The matter will next be taken up on July 14, 2026, for compliance.
