The Supreme Court has expressed serious concern over the disappearance of investigation records in a criminal case pending for nearly two decades, observing that the loss of case papers during an active investigation strikes at the very foundation of the criminal justice system and effectively renders bona fide complaints incapable of reaching a lawful conclusion.
The Bench of Justice Sanjay Karol and Justice Augustine George Masih on Thursday directed the Gujarat Police and the Bhiloda Police Station to conclude the long-pending investigation within six weeks and submit an appropriate report before the Judicial Magistrate First Class (JMFC), Bhiloda. The Court also directed the State of Gujarat to file an affidavit detailing the action taken against the police officer responsible for the loss of records and explaining the reasons for the extraordinary delay in the investigation.
The matter arose from a criminal complaint instituted in 2007 by the father of the present appellants, alleging offences including criminal conspiracy, cheating, criminal breach of trust and forgery under various provisions of the Indian Penal Code. According to the complaint, the disputed property was self-acquired by the complainant.
It was alleged that while he was away on a Haj pilgrimage in 2002, the accused persons forged his signature, fabricated a partition deed and a sale deed, and subsequently secured mutation of their names in the revenue records on the basis of those allegedly forged documents.
Over the years, the complainant repeatedly approached judicial forums seeking completion of the investigation. In 2014, a closure report submitted by the police was rejected by the Magistrate, who directed further investigation. Subsequently, the Gujarat High Court directed the preparation of an investigation report. A forensic examination later reportedly concluded that the complainant’s signatures had been forged, following which further investigation was ordered.
Despite these developments and repeated judicial directions, the investigation remained inconclusive. The State informed the Supreme Court that original case records, including important investigative material and reports, were misplaced while being transmitted to the JMFC Court. It was submitted that the records remained untraceable despite efforts to locate them. It further stated that disciplinary proceedings had been initiated against the concerned officer and that the inability to reconstruct all records and trace relevant witnesses had hampered completion of the investigation.
The Supreme Court found the explanation unsatisfactory. The Bench noted that nearly 10 years had passed, even after the High Court ordered a reinvestigation in 2017. The Court observed that if investigators were genuinely unable to locate witnesses or reconstruct records, they ought to have filed an appropriate report before the Magistrate rather than allowing the matter to remain pending indefinitely.
Emphasising that the right to a speedy investigation and trial formed an integral component of Article 21 of the Constitution, the Court observed that criminal investigations could not be permitted to continue endlessly without meaningful progress. The Bench noted that both complainants and the accused were entitled to certainty regarding the status of criminal proceedings and that investigating agencies must act within a reasonable timeframe.
The Court further observed that constitutional courts cannot remain passive when confronted with prolonged and unexplained delays in criminal investigations. It held that the Gujarat High Court ought to have exercised its extraordinary jurisdiction and intervened when the prolonged pendency of the investigation was brought to its notice.
The Bench was particularly critical of the disappearance of investigation records during an ongoing probe. Observing that such incidents undermined public confidence in the administration of criminal justice, the Court stated that loss of case papers during an active investigation must be treated with utmost seriousness since it has the potential to defeat legitimate complaints and obstruct the course of justice.
The Apex Court also rapped the investigating agency for failing to place the true status of the investigation before the Magistrate despite repeated judicial directions. It noted that there was no satisfactory explanation as to why the JMFC was not informed about the inability to reconstruct records or locate witnesses, even after the loss of the original case papers became known.
Setting aside the Gujarat High Court’s order refusing to intervene, the Supreme Court allowed the appeal and directed completion of the investigation within six weeks. The investigating agency was directed to file a comprehensive report before the JMFC containing all available investigative material and details regarding any records that remain unavailable.
The Court further directed the state government to place on record an affidavit specifying the action taken against the officer responsible for the missing records, the current status of those proceedings, the reasons for not informing the Magistrate about the difficulties faced in reconstructing the investigation, and the steps taken to comply with the Court’s directions.
The matter has been listed for further hearing on July 14, 2026, when the Court will examine compliance with its directions and review the progress made in concluding the investigation.
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