HC orders fresh probe in 2015 murder case, slams denial of narco test over lack of Hindi fluency

Jaipur: The Rajasthan High Court has ordered a fresh investigation into a 2015 murder case from Dausa district, setting aside a magistrate’s order that accepted a police closure report and ended proceedings. The court strongly criticised police for refusing to conduct a narco analysis test on the complainant on the ground that he was not sufficiently fluent in Hindi.

The bench of Justice Anoop Kumar Dhand passed the order on May 21 while allowing a petition filed by Feliram Meena of Ralawas village in Dausa. The case relates to the murder of Meena’s brother and an FIR registered at Ramgarh Pachwara police station.

Meena challenged the Sept 23, 2022, order of the Judicial Magistrate, Lalsot, which accepted a negative final report submitted by police stating that the accused could not be traced. A protest petition filed by the complainant against the closure report was also rejected by the trial court.

Appearing for Meena, advocate Gaurav Sharma argued that the investigation was incomplete and that scientific methods were not properly used. He told the court that the investigating officer had sought permission for a narco analysis test and that Meena had voluntarily consented, but the test was not conducted because officials claimed he lacked adequate Hindi fluency.

The high court termed the reasoning “shocking and surprising,” observing that if a person is not fluent in a particular language, authorities should arrange an interpreter in the person’s mother tongue rather than deny the test.

Justice Dhand further held that investigators cannot close a murder case merely because years have passed, and the accused remain unidentified, noting that adequate efforts were not made to trace the culprits. Quashing the magistrate’s order and the acceptance of the negative final report, the high court directed further investigation by a newly appointed officer not below the rank of Circle Inspector.

It also permitted narco analysis tests of the complainant or other suspects and witnesses if considered necessary and ordered police to complete the probe expeditiously and submit a fresh report to the competent court.