Case Analysis

Jagdish Nathabhai Solanki v. State of Gujarat

📖 Facts

1. An FIR was registered with certain offences.

2. During investigation, the police found that some offences were not made out.

3. Instead of filing a final report properly, the investigating agency deleted those sections from FIR records.

4. The legality of such deletion from FIR itself came before the court.

⚖ Legal Issue

Whether police can delete or alter offences mentioned in the FIR itself during investigation?

🧠 Judgment

The Gujarat High Court held:

✔ FIR is only the first information.
✔ Police cannot modify or erase the FIR itself.

However:

✔ During investigation, police may conclude that some offences are not made out.
✔ Such conclusion must be reflected in the final report / charge sheet under Section 173 CrPC.

📜 Principle Laid Down

1️⃣ FIR cannot be rewritten

The FIR must remain as originally recorded.

2️⃣ Investigation may change offences

Investigating officer can add or drop sections in the charge sheet.

3️⃣ Proper stage for deletion

Deletion of offences must appear in:

• Charge sheet, or

• Final report

not by editing the FIR itself.

📊 Practical Rule for Magistrates

⚖ Related Supreme Court Judgments

🧠 One-Line Ratio

“The FIR cannot be altered or rewritten during investigation; modification of offences must appear only in the charge sheet.”

— Jagdish Nathabhai Solanki v. State of Gujarat

✅ For your Magistrate reference, the most important Gujarat High Court cases on FIR alteration/deletion are actually:

1. Jagdish Nathabhai Solanki v. State of Gujarat

2. Bhanubhai Mafatbhai Bharwad v. State of Gujarat

3. Manubhai Ratilal Patel v. State of Gujarat

4. Sureshkumar Taraji Marwadi v. State of Gujarat