Isn’t its prejudice - protest petition inquiry by same ps
sunil
(Querist) 30 June 2015
This query is : Resolved
Brief History:
A case u/s 448 IPC was filed when one of the OP in a 144(2) case encroached in the premises of “Mr A”. IO from local PC had a coloured version suppressing material facts; filed a FRT with a remark “civil in nature” and didn’t put any document on record received from complainant “Mr A” or OP.
On “Mr A” protest Ld. Court ordered for case diary and fixed another date. IO neither appears nor is case-diary produced.
Protest case (CN) admitted.
Next date Mr A was examined U/S 200 Cr PC and order has been issued to OC local PC to submit a report U/S 202 CrPC for the purpose of deciding whether or not there is sufficient ground for proceeding by the next date and the Issue of Process postponed till next date.
The protest petition was against the IO of local PS and now again the inquiry has been given in the hands of OC local PS who supervised the IO and the FRT report submitted before.
My question is: Isn’t its prejudice? What option(s) are available to Mr A to get a fair & impartial investigation in the matter and to get all the documents recorded in the file when report will be submitted in the next date?
Looking for your valuable suggestions and guidance.
Thanks
M V Gupta
(Expert) 01 July 2015
One option is to apply to the court to transfer the investigation to another Police station on the ground of ur apprehension that the present police station will not conduct investigation promptly and unbiasedly. U will have to substantiate ur ground with evidence. Better consult ur advocate while filing the application for transfer of investigation.
sunil
(Querist) 01 July 2015
How to ensure that the IO has no space to play with the truth? If this can be achieved it will hardly matters who does the investigation.
The reason for my apprehension is because of in the past coloured Police Reports were filed by the local PS in two separate 144(2) cases.
One filed by “Mr A” and another filed on behalf of some un-known proprietary firm (having no locus standi) by one of the OP in “Mr A’ 144(2) case.
In both 144(2) cases the same IO filed identical Police Reports except change in names of complainant & OP parties. RTI reply revealed that the IO didn’t keep any record to support his finding / writing; making this exercise of Police Report a mockery and a way of making money from willing parties.
What options are available to “Mr A” if again Police play with the investigation?
Please suggest.
