Gujarat HC Orders FIR, Departmental Probe Against Former Odhav PI for ‘Misleading’ Courts

The Gujarat High Court has ordered the registration of an FIR and a departmental inquiry against former Odhav police inspector G.B. Agrawat after finding that affidavits filed by him in a cheating and forgery case contained incorrect information about an accused’s criminal record.

In a strongly worded order, the court observed that investigating officers must carry out fair and impartial investigations, free from personal bias or animosity, and place complete and accurate facts before judicial forums.

High Court flags discrepancies in affidavits

The case stems from a 2022 FIR registered at Odhav police station in Ahmedabad in connection with allegations of document tampering and cheating. One of the accused, Lalabhai Ranchhodbhai Rabari, alias Lala Kathwada, had approached a sessions court seeking anticipatory bail to avoid arrest.

During the proceedings, then PI G.B. Agrawat opposed the bail plea and submitted an affidavit stating that more than 30 criminal cases had been registered against the accused. Relying on the police submission, the sessions court rejected the application.

The accused subsequently moved the Gujarat High Court for anticipatory bail.

Bail plea rejected after police submissions

While opposing the plea before the High Court, Agrawat allegedly repeated the same claim in another affidavit, asserting that the accused was facing over 30 criminal cases and should not be granted protection from arrest.

The High Court, taking note of the investigating officer’s affidavit, also dismissed the anticipatory bail application.

The matter, however, did not end there.

Supreme Court told actual number of cases was much lower

Rabari later approached the Supreme Court, contending that the police officer had misled both courts by presenting incorrect facts. According to the submissions made before the apex court, the accused was facing only six or seven criminal cases and not more than 30, as stated in the affidavits.

The plea alleged that the investigating officer had furnished false and misleading information, thereby influencing the outcome of the bail proceedings.

‘Investigations must remain impartial’

Taking serious note of the allegations, the Gujarat High Court directed that an FIR be registered against the former Odhav PI and ordered a departmental probe into the matter.

The court underscored that police officers and government officials are under a legal obligation to conduct unbiased investigations and ensure that courts receive truthful and complete information, regardless of personal opinions or prior disputes involving the accused.

The ruling is being seen as a significant message from the High Court on the accountability of investigating agencies and the importance of maintaining the integrity of the judicial process.