Gurgaon: Terming a police investigation into a land fraud case “unfair” and “lacking seriousness”, a district court rejected the supplementary chargesheet and asked police to appoint an ACP rank officer to re-investigate the case.The court pointed out that the police exonerated some of the accused only on the basis of an affidavit submitted by the accused without carrying proper investigation.The case is related to illegal occupation and sale of 400 square yard residential plots Rajendra Nagar. Two Delhi cops and their family members are also accused in the case.A case was registered at Rajendra Park police station in Feb 2025 for cheating, forgery, forging document and criminal conspiracy. It was alleged a forged general power of attorney (GAP) was used to sell the plots and illegal occupation.Gurgaon police in Oct 2025 filed a supplementary chargesheet before the court in which several of the accused were given clean chit. The police report was challenged before court by complainant in the case and landowner Yajdev Yadav.Judicial magistrate Ist class (JMIC) Uditi Mittal in the order pointed that investigation indicated that GPA on the basis of which the property was sold was forged.“There is no indication that such claims have been subjected to independent verification through objective investigation. The approach of accepting self-serving affidavits, without corroborative inquiry, is contrary to the settled principles governing criminal investigation, as it effectively substitutes investigative scrutiny with untested assertions,” said the court.The court observed the investigation appears to have failed in examining one of the most crucial aspects of the case — the financial trail. “In cases involving allegations of cheating, forgery, and conspiracy, the flow of funds often provides critical evidence linking various actors,” said court.The court observed that forensic analysis, and digital and technical investigation were also not carried out properly.“These deficiencies are not merely procedural irregularities but go to the root of the matter, affecting the ability of the court to ascertain the truth,” said the court.Citing a 1985 Supreme Court order, the court pointed that magistrate is not bound by the conclusion arrived at by the investigation officer and is required to apply an independent judicial mind to material placed on record.“The court has the jurisdiction to direct further investigation where the existing investigation is found to be unfair, incomplete, or unsatisfactory, and that such power is to be exercised to ensure that justice is not defeated on account of a defective investigation,” the court said.“A fair investigation is a facet of Article 21 of the Constitution, and any investigation which is tainted, biased, or not conducted in accordance with law would vitiate the administration of criminal justice,” it added.It asked Gurgaon police to appoint an ACP rank officer to probe the matter and submit a report by July.
