Elango (retd) 12 September 2018

Change of investigation agency

I made a complaint to police re forgery and got a FIR registered.But the investigation was shabby and therefore I approached the concerned JM Court and got an order for proper investigation under sec156(3). but the investigation is still shabby. Can I send a petition to DGP for change of Investigation Agency? Will it be construed as contempt of court?

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2 Replies

Adv Deepak Joshi +917017821512 (Advocate) 12 September 2018

Dear querist,

If you can prove to the court that investigation is still shabby and IO is doing this deliberately, then court will be competent authority for giving direction for change in IO or any other direction which court think is suitable for case.

Deepak Joshi & Associates

Djaa.legal@gmail.com

Mb/whatsapp +919456777600

Elango (retd) 13 September 2018

Hearfelt tks for your reply.But the JM court does not have the authority to order that an offence must be investigated by particular wing of the police.May be it can order change of IO and/or monitor the case. I went through a SC judgment where the SC seems to have okayed the concurrent use of power of the state govt.in transferring the case to another agency, eventhough the Addl. CJM court was seized of the matter.Can you please clarify? Kindly go through the SC judgment in

State Of Bihar And Anr vs J.A.C. Saldanha And Ors on 13 November, 1979

Equivalent citations: 1980 AIR 326, 1980 SCR (2) 16

Author: D Desai

Bench: Desai, D.A.

On the administrative side the authority for change of investigating agency is the Director General of Police under sec 36 of Crpc..Even if I move the HC for change of investigating agency under article 226, the HC might say" Why you have not exhausted the administrative remedies before coming to this court?'

My problem is total lack of legal knowledge on the part of the IO and also on the part of higher officers. I feel my case will fall through if the investigation is not done properly and relevant persons are not joined as accused.