Describing the case as one of "fence eating the crops", Justice N Kirubakaran said the court had come to the conclusion that investigation was not done properly and directed that an official of Deputy Superintendent of Police rank conduct the enquiry and file a report in six months.
"There is an attempt to shield the culprits and not even appropriate persons were made as parties and the stolen properties were not recovered. It is not safe to rely upon the final report filed by the respondents," the bench said, hearing a Criminal Original Petition filed by the victim.
The petitioner filed complaint and investigations revealed that the three accused are police officials. But police recovered only Rs 1,84 lakh and no reason was given on the remaining amount and recovery of stolen goods, the judge said.
Though Principal Assistant Sessions Judge,Tiruchirapalli, ordered a fresh investigation and a report was filed on December 16 2009, it was made only on November 15, 2010.
An investigation and a reinvestigation had been conducted, but both were not done properly, the judge said.
Police officials, who are supposed to safeguard citizens had themselves involved in robbery of 2600 gm of gold, he said.
After knowing that the petitioner and his friend were going to buy gold, the police officials "like regular robbers" followed them and after they had purchased it, reportedly threatened them at knife point, kidnapped them and stole it.
He noted that the offence had occurred in 2004. Even as per the counter affidavit, 13 witnesses were examined, but there was no mention in what capacity it was done. Curiously only Rs 1.84 lakh was recovered and it was not known what happened to the balance.
The judge said not only the accused, but also those who did improper investigation should be brought to book. In this case, the Investigating Officer had tried to shield the culprits and given enough loopholes by which they could escape as they were police officials, he said and ordered the case be transferred to CB-CID.
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