A. Kumar, v. R. Anand,

Crl.A. (MD).No.482 of 2017 & Crl.A. (MD).No.513 of 2017 M.S.RAMESH, J.

and N.ANAND VENKATESH, J.

Pursuant to the earlier orders passed by us on 07.11.2022, the files were placed before the Hon'ble Acting Chief Justice and based on the administrative order, the matter has been posted before us as a specially ordered case.

2. When the case was taken up for hearing, learned State Public Prosecutor filed a status report. The status report has been filed on behalf of the Director General of Police, Tamilnadu. The progress made after the earlier order was passed by us on 07.11.2022, has been explained in the status report and for proper appreciation the relevant portion has been extracted hereunder:

"3.In pursuance of the above direction of this Hon'ble Court, it is submitted that the Director, Tamil Nadu Police Academy, Onamanchery, Chennai was directed to prepare a separate training syllabus to impart training to the newly formed investigation units and the training may be conducted at Tamil Nadu Police Academy 1/8

and Range In-Service Training Centres and also instructed to utilize the service of the retired Police Officers specialized in investigation of crimes and also by Cyber Crime Experts, Forensic wing Experts, Finger Print Experts and Pathologists for the above training. Interaction between the Investigation wing officials and the Law Officers attached to the Office of the Public Prosecutor will be arranged soon on periodical basis. A concrete plan in this regard is being worked out and it will be out in operation soon.

4. Accordingly, the Director, Tamil Nadu Police Academy, has prepared a training schedule as annexed to this status report for conducting six-days training programme and recommended to conduct the training at In-Service Training Centres (ISTC), since the Investigation Wing Police Stations are located in all Range headquarters and as In-Service Training Centres are under the control of Range Deputy Inspectors General of Police. Required training infrastructure and facilities are available at the In-Service Training Centres. Thus, the Range Deputy Inspectors General of Police can very well supevise the training. Accordingly, the Inspector General of Police, Training, Police Training College, Ashok Nagar, Chennai has directed all the 11 Range Deputy Inspectors General of Police to conduct the training 2/8

programme for investigation wing officers immediately at the Range In-Service Training Centre.

5. It is humbly submitted that in compliance to the directions of this Hon'ble High Court, dated 07.11.2022, all Range Deputy Inspectors General of Police have conducted six days training program on "investigation techniques" to the newly formed Investigation Wing Police personnel in 11 In-Service Training Centres. So far, 133 personnel from the ranges and 77 Police personnel from Coimbatore City have been properly trained.

6. It is humbly submitted that the Additional Director General of Police, Law and Order, Chennai has been nominated to supervise the work of the Investigation wing through the Deputy Inspectors General of Police and Commissioners of Police. The Deputy Inspectors General of Police have been asked to review the progress of the investigation of cases allotted to the Investigation Wings. Review is in process. It will be completed within three months time. The Additional Director General of Police, Law and Order,Chennai will coordinate with the Office of the State Public Prosecutor, High Court, Madras in the matter requiring legal intervention in solving a particular issue as and when required.

7. It is also humbly submitted that the office of the 3/8

Public Prosecutor, High Court, Madras is also working out a plan to have periodical interaction with the officials attached to the Investigation Wing by inviting Hon'ble Sitting / Retired Judges of the Hon'ble High Court, Madras, District Judges and other legal luminaries concerned with this field. This plan will be put in operation soon."

3. The State Public Prosecutor further submitted that the Director General of Police has issued a memorandum dated 14.03.2023 directing the respective range DIGs to visit the earmarked police stations where separate investigation wings are functioning and review the quality of the investigation in the cases taken up by them. Learned State Public Prosecutor submitted that the reports to be given by the range D.I.Gs. will give a clearer picture as to the improvements made in the investigation and it will be reflected by the actual data collected in this regard.

4. The module of the training programme conducted for the officers belonging to the investigation wing was also placed before this Court. On going through the same, it is seen that it is a six-days programme which covers the important areas that were identified for specialised investigation 4/8

and was taken note of in the earlier orders passed by this Court on 07.11.2022. Learned State Public Prosecutor also submitted that a separate committee has been formed to prepare the digital evidence manual and already a draft Standard Operating Procedure has been prepared and it is at the stage of finalisation. Learned State Public Prosecutor submitted that final manual will be made ready in two weeks and thereafter, training programmes will be conducted.

5. We have carefully considered the status report filed by the Director General of Police and the various materials that were placed before us.

6. The State is taking serious efforts to improve the standard of investigation in compliance with the directions issued by this Court. Ultimately, the training that is given to the officers belonging to the specialised investigation wing should get reflected in the manner in which serious cases are investigated in future and the results achieved in those cases. Hence, the memorandum issued by the Director General of Police dated 14.03.2023 shall be acted upon by the range D.I.Gs. and they shall collect the data on the ground, in order to see if there is improvement in the 5/8

standard of investigation and how, the specialised investigation wing is progressing to achieve the desired result. The data shall also be placed before us during every hearing and it will enable this Court to monitor the progress made in crime investigation.

7. Insofar as the manual that is being prepared for handling the digital evidence, the manual apart from describing the various procedures, shall also prescribe a checklist so that the procedure is followed methodically by the investigation officers without any lapses.

8. Post these matters for filing further report on 12.06.2023 at 2.15 p.m.

(M.S.R., J.) (N.A.V., J.) 14.03.2023 nl 6/8

To 1.The Director General of Police, Chennai 2.The State Public Prosecutor, Madras High Court, Chennai 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

7/8

M.S.RAMESH, J.

and N.ANAND VENKATESH, J.

nl Crl.A. (MD).No.482 of 2017 & Crl.A. (MD).No.513 of 2017 14.03.2023 8/8