Bengaluru: The Karnataka high court has directed the state govt to ensure that when two crimes arise from the same incident and constitute a case and counter-case, both must be investigated by the same investigating officer (IO).Justice Sachin Shankar Magadum issued the direction while quashing the investigation and proceedings in a case and counter-case arising from a group clash in Mudigere taluk of Chikkamagaluru district.Sayeesh and 13 others had approached the high court, challenging an assault case registered against them following a complaint by N Manjunatha after the clash last year. They contended that they too had sustained serious injuries in the incident and were hospitalised, after which a separate case was registered against the opposing group.According to the petitioners, a police inspector investigated the case registered on their complaint and filed a chargesheet. However, they alleged that, to counter that case, a separate case was registered against them and investigated by a police sub-inspector, who also filed a chargesheet.Justice Magadum referred to the Supreme Court’s ruling in State of Madhya Pradesh vs Mishrilal and Others, which emphasised the obligation of the investigating agency, while dealing with cross-cases arising from the same incident, to ascertain the genesis of the occurrence and separate truth from falsehood. The Supreme Court had also stressed that both cases should be tried by the same court to avoid conflicting conclusions regarding the same incident, the judge noted.The high court further referred to its earlier ruling in Abdul Majid Sab and Others vs Ripponpete Police, which held that in a case and counter-case, the investigating officer must place before the court material relating to both cases and explain the genesis of the incident. This includes determining whether the occurrence was a free fight, whether both sides were aggressors, or whether one side was the aggressor while the other acted in exercise of the right to private defence, the court observed.Justice Magadum also cited the recent ruling in Sri Shivaraja vs State of Karnataka, in which the high court held that investigation of a case and counter-case by different investigating officers was contrary to the settled legal procedure. The court directed the state govt to entrust both complaints in the present matter to an investigating officer not below the rank prescribed by the court and ordered a fresh investigation.
