SUPREME COURT SEEKS ACTION AGAINST ERRANT OFFICERS FOR LOSS OF RECORDS IN 19 YEAR GUJARAT POLICE CASE
INTRODUCTION
The Hon’ble Supreme Court of India reviewed a case regarding a prolonged two-decade delay in the investigation of a Criminal Complaint in Sahil Abdulsattar Mansuri & Ors. v. Safimahamad Fafirbhai Mansuri & Ors, 2026 INSC 626, which was decided on June 4, 2026. The Apex Court, through Hon’ble Justices Sanjay Karol and Augustine George Masih, took note of the inaction by the lower courts. The Supreme Court expressed dissatisfaction with the lower courts for not taking a proactive role in the case. It overturned the High Court’s decision not to provide guidance, highlighting that the loss of case files during an ongoing investigation is a serious issue that weakens the criminal justice system.
BRIEF FACTS
The Father of the Appellants, who was the original Complainant, filed a Complaint before the Ld. Judicial Magistrate First Class (Ld. JMFC), Bhiloda, under Sections 120B, 406, 420, 463, 468, 471 and 114 of the Indian Penal Code, 1860. The complaint alleged that while he was on a Haj Pilgrimage in 2002, the accused forged his signature to create a false partition and sale deed of his self-acquired property. The Ld. JMFC rejected the Police’s 2014 C-Summary and ordered a further investigation. An FSL Report dated 2017 confirmed the forgery of the documents and signatures. The Ld. JMFC repeatedly directed the Police in 2017, 2018 and 2022 to complete the investigation and file a Charge-Sheet, but the Police failed to comply.
According to the State, the original case documents and the FSL Report were lost during transit from the Police Station to the Ld. JMFC. Despite the Hon’ble High Court’s Order on 20 July, 2017 for re-investigation, the documents could not be located. The Complainant then appealed to the Hon’ble Supreme Court after the Hon’ble High Court of Gujarat declined their request for a directive to file the Charge Sheet by June 26, 2025
ISSUES OF LAW
The Hon’ble Supreme Court examined two primary legal questions:
- Should a Constitutional Court intervene under its extraordinary jurisdiction when a criminal investigation has dragged on for nearly 20 years without a proper conclusion?
- What remedies are available under Section 482 of the CrPC or Section 528 of BNSS for a complainant or accused when an investigation continues indefinitely without justification?
ANALYSIS OF THE JUDGMEN
The Hon’ble Supreme Court strongly criticized the Investigative Authorities and the Hon’ble High Court for their failure to address the significant delay in the investigation.
The Court emphasized the following key points:
- Right to a Speedy Trial: The Hon’ble Court asserted that the right to a speedy trial is closely tied to Article 21 of the Constitution and that efficient investigations are essential to this right. It cited the case of Robert Lalchungnunga Chongthu v. State of Bihar, 2025 SCC OnLine SC 2511, to stress that investigations cannot continue indefinitely.
- Role of Constitutional Courts: The Hon’ble Court acknowledged that constitutional courts cannot be passive observers in such prolonged investigations. The Hon’ble High Court should have used its Extraordinary Jurisdiction to intervene.
- Seriousness of Lost Records: The State claimed that the case records were misplaced during transit and witnesses could not be traced. The Supreme Court treated this with the utmost seriousness, noting that losing records during an active investigation undermines the criminal justice system and makes genuine complaints ineffective.
- Police Accountability: The Court questioned why, after the Hon’ble High Court’s 2017 order for re-investigation, the police neither filed a Closure Report nor informed the Ld. JMFC about their inability to reconstruct the records over the next ten years.
CONCLUSION
The Hon’ble Supreme Court granted leave to intervene and ordered the State of Gujarat and the Police Station Bhiloda to complete the investigation within six weeks and submit a proper report to the Ld. JMFC. Additionally, the Apex Court directed the State of Gujarat to file an affidavit detailing the disciplinary action taken against the officer involved, the reasons for not informing the Ld. JMFC about the lost records and confirmation of compliance with the directive to conclude the investigation. The matter was scheduled for further hearing on 14 July 2026.
This landmark ruling reinforces the Fundamental Right to a Speedy Trial and reinforces the need for strict accountability from law enforcement agencies in the proper custody of investigative materials.
ANIKET KUMAR PARCHA
Legal Associate
The Indian Lawyer & Allied Services
Editor’s Comments
Due to the lengthy time taken by Courts to decide matters the evidence that is kept for long years often gets misplaced. However, in the present case it seems that the FSL Reports were intentionally made unavailable to suit the party i.e. accused. Generally evidence which is kept for trials or even preserved as the matter is in appeal often gets misplaced, damaged or lost and sometimes even destroyed. This harsh reality has been portrayed very well in an OTT called Mamla Legal Hai. This particular serial explains why India has such a low rate of conviction.
Sushila Ram Varma
Advocate and Chief Consultant
The Indian Lawyer & Allied Services
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