Police Diaries were manipulated by the Police. In paragraph 6 of the impugned order, the learned High Court has admitted this fact but it did not take into consideration this aspect of the matter on the pretext that only tentative assessment of the available record is required.

 Admittedly, no specific role has been ascribed to the petitioner in the FIR and the allegation leveled against him is of general nature. It was during investigation that the role of fire shot was attributed to the petitioner. However, it was the case of the petitioner that the Police Diaries were manipulated by the Police. In paragraph 6 of the impugned order, the learned High Court has admitted this fact but it did not take into consideration this aspect of the matter on the pretext that only tentative assessment of the available record is required. On our query, learned Law Officer admitted that the record was tampered with during the investigation. In these circumstances, when the learned High Court had admitted about the tampering of the record, while following the rule of consistency the petitioner is also entitled for the same relief.

Admittedly, neither any empty was taken into possession from the place of occurrence nor the weapon of offence has been recovered from the petitioner. From the tentative assessment of the record and keeping in view the provision of Section 497(2) Cr.P.C, we are of the considered view that the petitioner has made out a case squarely falling within the ambit of further inquiry as envisaged under Section 497(2) Cr.P.C.

CRIMINAL PETITION NO. 458 OF 2021
Hussain Ahmed versus The State etc