whether a detecting officer can be substituted ?
WHATSAPP 91-8075113965
(Querist) 01 September 2010
This query is : Resolved
sir,
my doubt is that whether a detecting officer can be substituted by another police officer, who is totally a stranger to the case, at the time of evidence ?
my case in hand is that accused committed a theft in temple. he was arrested, confession was recorded, mo was recovered u/s 27 of evidence act,investigation was conducted, charge sheet was submitted,..... all these were done by one police officer.now, he is not available in india. so, the prosecution intends to examine another police officer of the same station, in his place, who is actually a total stranger to the case.
i have objected prosecution's this move.but, court has asked to provide any rulings, to substantiate my contentions .
so, i need some citations, urgently in this regard .
please help !
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
9447536929
advocatesalil@gmail.com
Advocate. Arunagiri
(Expert) 04 December 2010
The investigation officer who had investigated the case partly or fully is a necessary witness. It is very normal. there can be two or more I/Os (one after another) for the case, who had done the investigation in some proportion. All of them should give evidence.
