@engsg
The police in such cases seek opinion from the Prosecution Branch of the Courts where they are to submit their Final Report. If the prosecution deptt. suggests that a case is made-out even when there is no evidence (not even circumstantial) then the law keeping authority (Police) is compelled to file a Charge-sheet.
However, I agree that in over 90% of the cases, the police is never bothered how they are ruining someone's life for the want of illegal gratification. And I have personally seen this practice to an extent that they do not mind wasting 2 precious years of a young boy by delaying to file the charge-sheet and then being hand-in-glove with the complainant and delaying the trial as well. This is utmost unprofessional, unethical and corrupt approach one can ever have in this world.
The cure is ony the Metropolitan Magistrates sitting in the courts. When they receive the final-report, they should scrutinize the contents and the approach of the Investigating Officer. If at any point of time, the MM observes that the I/O has been involved in unnecessary delay or harrassment, he should immediately suspend such officer and also order to initiate inquiry. Also this inquiry report should be submitted by the Vigilance deptt. within 1month of such order. And upon finding deliberate illegal appraoch by the I/O, he should be expelled from the service permanently and proceedings be initiated as per the process of law. But, irony is that, the MM never take this pain and this boosts the police to keep on doing wrong.
//peace
/Saurabh..V
